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Speaker: I will now call the House to order. We will proceed at this t= ime with prayers.
Prayers
Withdrawal of motions
Speaker: The Chair wishes to inform the House of a change which has be= en made to the Order Paper.
Motion for the Production of Papers=
No. 2,
standing in the name of the Leader of the Third Party, has been removed from
the Order Paper as the action requested in this motion has been taken.
DAILY ROUTINE
Speaker: We will proceed at this time with the Order Paper.
Tributes.
TRIBUTES
In remembrance of Hugh Bradley
Mr.
Tredger:=
On behalf of th=
e Yukon
Legislative Assembly, I am honoured to rise today to pay tribute to one of =
the
finest gentlemen I have ever met. Hugh Bradley of the Pelly River Ranch pas=
sed
on
The way Hugh lived his life is an e=
xample
to all of us. Hugh taught the true meaning of community. Hugh was born on <=
/span>
He and his brother Dick — who= is in the gallery with us today — along with two partners bought the Pelly River Ranch in 1954, and Hugh lived there from June 4, 1954 until his passi= ng this summer — 58 years. In 1997, Hugh married local nurse Wenda and together, they made the ranch their home.
When Hugh began his pioneer life at=
the
ranch, the challenges were great. The only road was a historical trail on t=
he
far side of the river. There were no communications. Their farm machinery w=
as
purchased with the ranch. It was old. When Hugh and his brother Dick finally
decided to get a road built between Pelly River Ranch and Pelly Crossing, t=
hey
determined the route by walking the 50 kilometres, marking the best route as
they went. Then, with their brother Ken,
they built the road.
Hugh has
been given and deserved many accolades. He was a fine mentor to a variety of
young people, including his nieces and nephews. and sons and daughters of
friends and the family, who spent summers on the farm, absorbing Hugh’=
;s
deep-seated courtesy and his humour, as well as benefiting from his keen po=
wers
of observation and ongoing commitment to reading and learning.
He and other members of the Bradley= family had a history of taking at-risk or foster children under their wing, giving them a unique opportunity for security and enrichment. As well, many of the folks from Pelly Crossing remember their school trips to the farm, where th= ey held baby chicks, gathered eggs, petted cows and learned about growing thin= gs; and maybe most importantly, interacted with Hugh and his family.
Hugh’s contributions to agric=
ulture
in the
I can attest to the fact that he wa=
s held
in high esteem by his classmates and that they journeyed out to the farm fo=
r a
reunion several years ago and most, if not all, of them attended. I want to
emphasize that what made Hugh such a wonderful human being was not the rewa=
rds
he received. Those are merely acknowledgements. What made Hugh so wonderful=
was
his honesty, his humour, the depth of his knowledge, the deep respect with
which he treated all and sundry, whose paths crossed with his. Hugh Bradley=
was
a hero in the truest sense of the word. In a moving eulogy read by his frie=
nds
at Hugh’s service, he was noted as a pioneer, a renaissance man, a hu=
morist,
a gentleman, a friend and a neighbour, a giver, a brother, a husband and an=
uncle.
Hugh was all those things, but most of all he was a real-life hero. While l=
iving
far from what some would call civilization, Hugh and his brother Dick built=
a
community of friends and family.
This community was founded on relat= ionships — that everyone had value and something to offer, something to share = and that each of us had an obligation, one to another and to the land. We were valued for ourselves and, in turn, had value and responsibility to the community. Despite their distance and relative isolation, they made friends from near and far. Sons and daughters of friends and family spent summers there. People stopped on their way to Fort Selkirk, on their way to placer mines; outfitters dropped in; hunters; river travellers; school groups; conservation action teams; geologists; anthropologists; tourists from around the world — some just passing through, some for longer periods of tim= e. Some came for advice on gardening, farming, on living. Some came for produc= e, meat, eggs, carrots, potatoes and vegetables in season. Some came just to experience the farm and the relationship and friendship. All were made welc= ome.
Hugh, Dick, Wenda and Dale made tim=
e for
everyone — a tradition, I might add, that is still carried on by Dale=
and
friends and family members who are now at the farm.
All were welcomed, helped, involved= , and the farm became a part of their lives. Hugh made each and every visitor feel valued. Some guests stayed and returned many times; some only dream of returning; but all became friends. Hugh was remarkable in that he was a lea= rned man, but he continued to be fascinated by life and continued learning all h= is life. He was always teaching and sharing, but was never arrogant in his knowledge. Along with his commitment to community, Hugh taught us to value whomever we meet and whatever we do. Whether Hugh was stooking sheaves of grain, feeding cattle, tending his garden, collecting eggs, touring the far= m, visiting over coffee or speaking at an international conference, Hugh broug= ht dignity and value to the task at hand.
His 58 years in the Yukon were year= s of service beyond self — 58 years of service to the land, contributing to the base of agricultural information in the Yukon through crop trials, test plots, sharing of information, and his famous farm tours; 58 years of monitoring a climate observation station for Environment Canada; 58 years of being a steadfast family man; 58 years of being a good neighbour to the mem= bers of Selkirk First Nation and Pelly Crossing; 58 years of being a mentor to m= any young people. It was said in his eulogy: “If you made a list of all t= he good human qualities from honesty to generosity, thoughtfulness to helpfuln= ess, compassion to humility, I’m sure you could go down the list and tick = off Hugh’s name beside each one.”
What a world we could have if every= one possessed and used all those good human virtues that Hugh Bradley had. His = accomplishments and the accolades he has received have been many and noteworthy, but his re= al legacy is in the kind of person he was and how he touched and enriched all = our lives. His spirit lives on in the lives of his family, his friends and in a= ll those who knew him.
With the Speaker’s permission= , I would like to introduce family and friends of Hugh who have joined us today: Dick Bradley, Hugh’s brother; Wenda Bradley, Hugh’s wife; Dale,= his nephew — Sue, his wife, and Megan; Gordon Allison, one of the summer friends, and his son Nathan; Don Mark; Ione Christensen, the Senator from F= ort Selkirk; Chris Widrig; Joanne Van Bibber; George Asquith; Ray Marnoch; and Daniele Héon. Thank you all for coming out.
Applause
In recognition of Restorative Ju= stice Week
Mr. Barr:= 195; I rise with gre= at pride on behalf of the Official Opposition to pay tribute to Restorative Justice Week, November 18 to 25.
The pride I feel for commemorating =
and
celebrating restorative justice is because the roots of the concept were se=
t in
the
I listened to stories of Johnny Joh=
ns and a
vision that Kha Shade Héni — just recently Mark Wedge and Annie
Austin and everyone would sit around and say, “What could this be
like?” I was fortunate enough to be the initial justice coordinator in
those early years for the Town of
Throughout its life — which hasn’t been that long — it’s important to note what restorative justice is, and it is based on aboriginal healing traditions. T= he principles and values that support the concept are that harm and crime are a violation of people and relationships. It brings the offender and the defen= dant together in circles of discussion and decision-making and involves the comm= unity in the justice process.
Community problems are responded to= in a supportive atmosphere. The repercussions, responsibilities and obligations created by harmful acts are explored by the community, and solutions are arrived at with a view toward healing options for everyone — offenders and victims.
Solutions to offences have a much b=
etter
chance of successfully changing the individual responsible and the whole
community. When supported by everyone involved, restoring community harmony=
and
healing helps offenders to realize their responsibility and to be accountab=
le
to others.
It’s not easy to measure the = success of restorative justice. The objective of stopping an offender from committi= ng future crimes is a relevant goal and can be measured, but restorative justi= ce goes beyond recidivism. It’s a life- and community-changing process t= hat prevents future crime, and that cannot be counted in numbers.
The fact that our First Nation popu= lation is over-represented in our justice system spurred on judiciary and legal systems to embrace restorative justice. With regret, we must note that pres= ent federal crime law is tending away from concepts such as restorative justice= and community involvement. Our experience with restorative justice points to the fact that mandatory minimum sentences and less direction for judges does not bode well for the solutions we have seen in restorative justice measures.= span>
Many volunteers continue to keep our
restorative justice circles in place. We pay tribute to those volunteers and
professionals whose insight and commitment lends energy to this movement for
justice. We trust that sufficient financial and moral support will be avail=
able
in the
As with anything, struggle precedes= growth, and I can only re-emphasize that as this way of dealing with crime in our s= ociety, we can learn, as we do in other things, and offer the support of the govern= ment through dollars to continue this important work. Thank you.
Speaker: Are there any introductions of visitors?
INTRODUCTION OF VISITO=
RS
Mr. Tredger: Sorry, I missed= Bob Allison, who is also here to hear the tribute to Hugh.
Applause
Speaker:
Are there=
any
returns or documents for tabling?
TABLING RETURNS AND DOCUMENTS
Ms. Stick: I have for tabling a document from =
the Office
of the Commissioner of Lobbying for
Hon. Mr.
Speaker: Are there any reports of
committees?
Are there
any petitions?
PETITIONS
Petition No. 7 — received
Clerk: ̳=
4; Mr. Speaker and honourable members of the Assembly, I have ha=
d the
honour to review a petition, being Petition No. 7 of the First Session of t=
he
33rd Legislative Assembly, as presented by the Member for
Mayo-Tatchun on
The petition appears in two version= s. The first version of this petition meets the requirements as to form of the Standing Orders of the Yukon Legislative Assembly, and is the version to wh= ich the government should respond, pursuant to Standing Order 67. The second version consists of one page of signatures, and will be returned to the Mem= ber for Mayo-Tatchun.
Also, one page of the first version= of the petition contains an editorial comment added by a signatory to the petition. This is not in order and this page will also be returned to the Member for Mayo-Tatchun.
Speaker: Accordingly, I declare Petition No. 7 read and received. Purs=
uant
to Standing Order 67, the Executive Council shall provide a response to a
petition which has been read and received within eight sitting days of its
presentation. The Executive Council response to Petition No. 7, therefore,
shall be provided on or before
Are there any petitions to be prese= nted?
Are there any bills to be introduce=
d?
Are there any notices of motion?
NOTICES OF MOTION
Ms. McLeod: = I rise to give notice of the follow= ing motion:
THAT this House urges the Yukon Hou= sing Corporation to investigate the development of a new home ownership program = to assist working Yukoners in lower and middle income brackets to buy a home.<= /span>
Hon. Mr. Cathers: I rise today to give notice of the following motion:
THAT this House urges the Governmen= t of Yukon to:
(1) respond positively to the joint=
request
by the Yukon Conservation Society and Northern Cross (
(2) conduct a full and rigorous sci= entific review of any proposed oil and gas project at each of the following stages = of oil and gas development: exploration, production, and reclamation; and
(3) work with the Vuntut Gwitchin F= irst Nation and stakeholders to facilitate an informed public dialogue about the= oil and gas industry, including risks and benefits of hydraulic fracturing, also known as “fracking”, before any regulatory approvals or permitt= ing allows use of this activity in Yukon.
Ms. Stick:= 8195; I give notice o= f the following motion:
THAT this House urges the Governmen= t of Canada to keep its commitment to end child poverty by:
(1) assessing the effectiveness of programs, including child tax benefit, child fitness tax credit and univers= al childcare benefit for the lowest income families; and
(2) consider replacing these progra= ms with a child benefit supplement for the lowest income families if doing so would lift a greater number of Canadian children out of poverty.
Mr. Silver:&= #8195; I give notice o= f the following motion:
THAT this House urges the Governmen= t of Yukon to continue to work with the Town of Skagway and other stakeholders to ensure Skagway’s port remains open to ship ore produced by Yukon̵= 7;s operating mines.
I give notice of the following moti= on:
THAT this House urges the Governmen= t of Yukon to:
(1) apologize to the Chief of the Tr’ondëk Hwëch’in for refusing to let him speak at a presentation on the new Peel land use plan; and
(2) build a government-to-governmen= t relationship with First Nations.
Speaker: Is there a statement by a minister?
This then brings us to Question Per= iod.
QUESTION PERIOD
Question re:
Hydraulic fracturing
Ms.
Hanson:&=
#8195; This should be a
relatively easy question. Yesterday the Minister of Energy, Mines and Resou=
rces
said to this House that his government is committed to “… an
informed public dialogue about the oil and gas industry, including risks an=
d benefits
of hydraulic fracturing, also known as fracking …” and to
conducting this “informed public dialogue” before any regulatory
approvals or permitting allows the use of fracking in Yukon.
We are pleased that the minister ha= s agreed to a de facto moratorium on fracking until a public consultation is complet= e. Can the minister tell this House when this public consultation will start, = how long it will last, and what format it will take?
Hon. Mr. Cathers: You know, it’s very interesti= ng that the Leader of the NDP is pleased today with what the government is say= ing, and yesterday stood in this House and opposed it. Yesterday the NDP stood a= nd opposed a public dialogue in the manner that we have suggested, beginning w= ith sitting down with Vuntut Gwitchin First Nation and other stakeholders to ta= lk together collaboratively about what would be involved in such a public dial= ogue and what would be best to facilitate that. The Member for Vuntut Gwitchin recognized where the government was coming from; the Leader of the Liberal Party acknowledges it as a step forward; the NDP stood here in this House a= nd vehemently opposed what the government put forward.
Ms.
Hanson:&=
#8195; We were pleased=
that
the minister was actually talking about a process that applies to all of =
span>
Over 1,800 people have signed the p= etition calling for a moratorium on fracking. First Nation governments have also ca= lled for a moratorium, public consultation and government-to-government conversations. Now that this government has committed to a suspension of any activity relating to fracking — or in other words, to a moratorium — will the minister now confirm that this public consultation process will be developed cooperatively with Yukon First Nation governments and with input from across Yukon, including environmental and industry groups?
Hon. Mr. Cathers: It’s interesting to see the s= hift of position from the NDP who yesterday were insisting that government shoul= d go it alone and not sit down with the Vuntut Gwitchin First Nation and other stakeholders to design this public dialogue. The members opposed our approa= ch of working collaboratively with the Vuntut Gwitchin First Nation and other stakeholders to talk together about what would make up such a public dialog= ue. The Leader of the NDP stood in opposition to it. The Member for Mayo-Tatchun was quite agitated in his opposition to what the government was presenting = on this. Again, we thank the interim Leader of the Liberal Party for his recognition; he referred to it as a positive step. We appreciate his acknowledgement of the intent behind this and our interest in working with First Nations, including the Vuntut Gwitchin First Nation, and other stakeh= olders to talk about how to best design a public dialogue. The conversation that we had with the Yukon Conservation Society and Northern Cross was positive. Despite differences of opinion, there is a genuine attempt from all to come together. We see the Leader of the NDP consistently focused on trying to polarize Yukoners; that’s her objective.
Ms.
Hanson:&=
#8195; In fact, there =
are 14
Yukon First Nation governments. They all must be respected. They all must be
involved in this process. Yesterday the minister repeatedly told this House=
, in
response to questions and assertions from this side, that there is no immin=
ent
threat of fracking, but it was noted on CHON FM this morning that the
Will the minister confirm that ther=
e will
be no approvals for or consideration of fracking in the
Hon. Mr. Cathers: From the statements the Leader of t= he NDP and her colleagues frequently make in this House, it’s really hard to figure out whether they’re actually paying attention to what the government is saying and choosing to say something that does not reflect wh= at in fact the government is actually saying, or whether they actually just don’t bother reading it or listening to it because they’re so focused on writing their polarizing questions and trying to divide Yukoners rather than bringing them together.
Mr. Speaker, as the government indi=
cated in
the amendment we proposed yesterday to the Member for Mayo-Tatchun’s =
motion,
as well as the motion I read into this House a few moments ago — if t=
he member
were actually listening to that, she would recognize that we indicated what=
we
believe the starting point should be. Since the Vuntut Gwitchin First Natio=
n is
the only First Nation with activity going on in its territory right now and
since they have approached the government with a request to work together on
the oil and gas industry, we believe that facilitating a public dialogue th=
at
involves sitting down with them at the front end to talk about what should =
be
included in that is a good way to go forward. What the member is either
confusing or ignoring is the fact that any activities would involve consult=
ations
with any First Nation upon whose traditional territory it fell. Our belief =
is
that the starting point in this is to sit down with Vuntut Gwitchin First
Nation and work together because of the activity in their area.
Question re: Francophone =
school
board litigation
Ms.
White:=
8195; We’ve bee=
n asking
a lot of questions about consultation lately. There seems to be a pattern w=
ith
this Yukon Party government.
N=
ous savons
que le recours judiciaire contre la Commission scolaire francophone du Yuko=
n a
coûté: 2 256 634$ de frais judiciaires au gouvernement du Part=
i du
Yukon.
La
décision de la Cour suprême du Yukon est maintenant devant la =
cour
d’appel et cela va entraîner encore plus de pertes de temps et
d’argent. La Commission scolaire francophone du Yukon a
déjà dépensé plus de 350 000$ sur la
procédure d’appel. Combien le gouvernment a-t-il déjà dépensé=
; sur
la procédure d’appel?
Hon. Mr.
Kent: Recognizing, of course, that the Standing Order=
s of
this House don’t allow for translation devices at this time, I would =
ask
the member opposite to repeat that question in English.
Ms.
White: La troisi&egra=
ve;me
quéstion; je vais faire ça. Il est toujours difficile de
déterminer un vainqueur dans ces procédures. La confrontation
crée surtout des perdants: les fonds publics, le capital social que
représentent les relations de coopération dans une
société pluraliste, et surtout les élèves que n=
ous
devons servir. L’abandon de la collaboration et de la négociat=
ion
entraînent souvent des coûts énormes. La Commission scol=
aire
francophone du Yukon a démontré par le passé une
volonté de créer et de maintenir le dialogue à l’=
;extérieur
des cours.
Bien que la question soit toujours devant les tribunaux, le NPD Yukon
demande au gouvernement du Yukon d’utiliser une approche différente.
Le gouvernement est-il prêt à reconsidérer l̵=
7;appel
de la décision de la Cour suprême du Yukon et à chercher
une entente négociée avec la Commission scolaire francophone =
du
Yukon à l’extérieur des tribunaux?
Hon. Mr.
Kent: As
mentioned, the Standing Orders of this House don’t accommodate
translation services at this time, and I would ask the member opposite to
repeat the question in English, unless she wants to ask her final supplemen=
tary
en français, and that’s her choice. But until I hear the quest=
ion
in English, I’m not able to give an informed response, which all Yuko=
ners
deserve and expect of us as legislators.
Ms.
White: All Yukoners, including the 10 perc=
ent
francophone population, deserve to understand. Language barriers can separa=
te
us; that is why it’s so important to honour this country’s O=
fficial
Languages Act, a foundation for a pluralistic society. We now know that=
the
court case against the Commission scolaire francophone du Yukon cost the Yu=
kon
Party government over $2.2 million in legal fees. There will be more fees as
the Yukon government is appealing the Supreme Court judgment. It is hard to
tell who wins in these cases. This kind of adversarial approach creates many
losers: the public purse, of course, the social capital of cooperative
relationships and, most importantly, the students lose out.
The Commission scolaire francophone=
du
Will the government reconsider its = appeal of the Yukon Supreme Court decision and attempt to come to a mutual agreeme= nt with the Commission scolaire francophone du Yukon outside of court?<= /p>
Hon.
Mr.
I should also mention that I had the privilege and the honour of accompanying the Member for Whitehorse West on a tour of l’École Émilie Tremblay, along with the princip= al and staff and members of the CSFY. Then we went down to the CSFY office and engaged in a very positive dialogue on a number of issues. We continue to w= ork with CSFY outside of issues that are involved in the court appeal until that decision is rendered. We look forward to continuing to build on that relati= onship and expand on it, not only through the work of the Department of Education,= but also through the work of the minister responsible and the MLA for the riding that has l’École Émilie Tremblay.
Question re: Yukon Hospital Corporation building projects= 8195;
Mr.
Silver:&=
#8195; I have a questi=
on for
the Minister of Health and Social Services. In April of 2010, the chair of =
the
Yukon Hospital Corporation appeared in this House and was asked about expan=
ding
the
Hon.
Mr. Graham: The concept plan developed by the Y=
ukon
Hospital Corporation is at this time just that — it’s a concept
plan. The Hospital Corporation has indicated in their concept a number of
phases and a number of dollar figures that they have attached to each phase=
.
At this time, my fellow caucus memb=
ers
haven’t even had a chance to go over it any more than have the member=
s of
the opposition. So we haven’t made any decision whatsoever with respe=
ct
to which way we’re proceeding with
Mr. Silver:&= #8195; I appreciate th= e answer from the minister. The previous Yukon Party government moved ahead with the= construction of two new hospitals and a new residence. They did all of that with borrowed money, and they did it all in the Yukon Hospital Corporation, which allows = them to avoid certain scrutiny in this House. Yukoners absolutely support these projects that the minister is undertaking, but there are many questions that need to be answered.
Just two years ago, the chair of th= e board said $45 million to $50 million, and now we’re looking at these diagr= ams and these engineering reports up to $287 million. Given this governmentR= 17;s record on overspending, taxpayers will be nervous to see these new figures, even if they are supplementary.
Both the new hospitals being built = now are overbudget and behind schedule. Can the minister tell Yukoners whether these new projects will be financed in-house, or will they be built with borrowed money when they decide to go forward with these projects?
Hon.
Mr. Graham: Mr. Speaker, as I just said, there =
has
been no decision at this time whether to go ahead with the concept plan, as
produced by the Yukon Hospital Corporation, or whether, in fact, to take a
completely different tack.
Those decisions haven’t been = made, and until we investigate and consult with everyone involved in a decision of this magnitude, I’m not willing to commit us to anything.
Mr. Silver:&= #8195; Shortly after c= oming into power in 1992, the Yukon Party government drastically scaled back cons= truction of the current hospital — that’s one of the main reasons why we’re looking at expansions to begin with. Many capital projects buil= t by the government are done in-house, such as the new correctional facility and also the new F.H. Collins. It allows MLAs and the public to keep tabs on the projects. When the Yukon Party decides to go ahead with the new residence a= nd the two rural hospitals, it put the management of these projects in the han= ds of the Yukon Hospital Corporation, which puts it away from the scrutiny of = this Legislature. It moved the accountability away from the elected members of t= his House. Now, the Yukon Hospital Corporation hasn’t appeared in this Ho= use since the spring of 2011, and it seems that the minister is not necessarily planning on having them come forward in this sitting either. Will the minis= ter commit to having the department — not the corporation — manage = any new projects to ensure the proper oversight from this Chamber?
Hon.
Mr. Graham: No, Mr. Speaker. The short answer i=
s I
would not commit to that. As I said, this is simply a concept plan at this
time.
Whether or not we go ahead with the= concept as outlined in the document that was given to all members yesterday is stil= l an open question. Until those questions are answered and proper consultation h= as occurred, we aren’t going ahead with anything.
Question re: Shaw satelli=
te
dishes on YHC housing
Mr. Barr:= 195; On Tuesday I was informed by the minister responsible for Yukon Housing Corporation that the corporation will not let residents install small satellite dishes that would give them free access to CBC TV through Shaw’s local television satel= lite solutions program. I recognize the need to protect Yukon Housing Corporation buildings from damage; however, it seems the minister has said no without actually looking for solutions that meet the needs of Yukon Housing Corpora= tion and its tenants alike.
According to a Shaw representative = and a local installer, satellite receivers can be installed in ways that do not damage buildings. The Shaw local television satellite solutions program end= s in just over a week — time is running out. Will the minister direct the Housing Corporation to find creative solutions to the satellite dish issue = that protects the buildings and helps tenants before it is too late?
Hon.
Mr.
The Housing Corporation has accommo=
dated
tenants in the past who wanted to install a satellite dish and found that d=
amage
to the building and the cost of repairs can be considerable. That’s t=
he
response that I received from the Housing Corporation. Earlier this week in
this House I talked about the existing 350 social housing units that were
upgraded with economic action plan money and I think it is incumbent upon u=
s to
make sure we protect our assets. We certainly want to ensure that the tenan=
ts
in Yukon Housing Corporation housing are as comfortable as possible, but we
also have a responsibility to
Mr. Barr:= 195; I’ve read= the minister’s letter. We understand and accept that Yukon Housing Corporation buildings need to be protected. We’re asking for the mini= ster and Yukon Housing Corporation to show some creativity and find a workable solution instead of simply giving up.
According to Shaw, satellite dishes= can be installed on balcony railings to not damage buildings. They can be installe= d on roofs without damaging buildings or they can be mounted on tripods — again without damaging buildings. A solution can be found. It seems to me t= hat the minister just isn’t interested in finding one and low-income Yuko= ners who lost access to over-the-air CBC TV are the ones who will suffer. Surely= the minister can find a made-in-Yukon solution to this relatively small problem. Will the minister direct the Housing Corporation to find a solution to the satellite dish issue instead of saying it cannot be done?
Hon. Mr. Kent: Again, with respect to this questio= n and the response that I gave the member opposite — I think we voted on a motion in the spring session in this House talking about encouraging CBC TV= to continue their service in analog. It’s disappointing, of course, for a number of Yukoners that that hasn’t occurred. But my responsibility a= s minister responsible for the Yukon Housing Corporation — of course, the board = of directors and the staff and officials there — is to protect the integrity of the buildings that we have.
As mentioned before, there has been
previous experience with third-party installers of satellite dishes on our
property, and the damage was considerable. Again, my responsibility to the
comfort of individuals living in the Yukon Housing Corporation units and the
taxpayers of the
Mr. Barr:= 195; Mr. Speaker, le= adership is about making choices. In this case, the minister seems to be choosing to= ignore an issue instead of working to find a solution. It can be done without dama= ge.
Yes, the Yukon Housing buildings ne= eds to be protected; yes, tenants need to be treated equally; yes, a solution to t= his problem would require effort and resources of the Housing Corporation. The point here is that a solution could be found, yet the minister is not willi= ng to find it.
It’s a disappointing response= from a government that claims to support ongoing access to our national public bro= adcaster. Mr. Speaker, actions speak louder than words. The government is refusing to= act and time is running out.
What does this minister have to say= to the Yukon Housing residents whose access to CBC TV is clearly not a priority for this government?
Hon.
Mr.
I again refer to the motion we pass=
ed
unanimously in this House urging
Again, Mr. Speaker, as minister res= ponsible for the Yukon Housing Corporation, my first responsibility is to protect th= e integrity and the quality of the assets that we have in our system.
Question re: Residenti=
al
Landlord and Tenant Act
Mr. Barr:= 195; Yesterday the M= inister of Community Services released over 200 submissions by Yukoners during the = Landlord and Tenant Act consultations conducted this summer. Surprise: the government announced this morning that we would be debating the proposed new act this afternoon. The minister has said that the new act reflects the public’s view and that “on-line and written input demonstrate overwhelming support for the principles that have been included in the bill.”
Why then does the new act contain no provisions to prevent price gouging and no language to the stop archaic practice of eviction without reason?
Hon. Ms. Taylor: As I was stating the other day on t= he floor of the Legislature, the Government of Yukon is very pleased to be abl= e to table a renewed Landlord and Tenant Act on behalf of Yukoners after = not having seen any major revisions in well over 50 years.
As I have stated continuously, the = Landlord and Tenant Act was originally created to protect and balance the legal rights and interests of both the tenant and the landlord. The legislation t= hat is before the Assembly, which we will start debating on the floor today and= in the days to come, is also about maintaining this important balance.<= /p>
The bill is 70 some pages long. It = is comprehensive and does speak to a whole host of issues, including rent increases, future rent, tenant privacy and overholding, and it also include= s a renewed approach to resolving disputes. This side of the Legislature is very proud of this legislation going forward. It is about maintaining that balan= ce so that we do sustain a healthy private rental market.
Mr. Barr: The minister’s assertion that the bill reflects the public’s views = is, frankly, inaccurate. The minister knows full well that despite even being asked, a majority of responses to the consultation said there should be some measures to prevent huge rent increases. The minister knows full well that = the government’s plan to continue to permit evictions without reason is n= ot supported by many Yukoners who have said so in the public consultation. Does the minister have an explanation for why these opinions of Yukoners are not= reflected in the proposed Residential Landlord and Tenant Act?
Hon. Ms. Taylor: As I will continue to state to the = Legislative Assembly, it’s about maintaining that balance. It’s important to continue to encourage landlords to maintain and invest in building rental u= nits in support of a healthy rental market. There are provisions within the act.= The member opposite is wrong. They limit rent increases to once per year, provi= ding the landlord has provided that sufficient notice — in this case, three months’ notice. It’s in keeping with a vast majority of provinc= es and territories in the country, and it’s in keeping with our government’s commitment to encourage new investment in housing while responding to the tenants’ desire for stability, as well.
Mr. Barr: There= is a great deal that the Official Opposition likes in the new act that we will be debating this afternoon — for example, plain language drafting, dispu= te resolution, and minimum health and safety standards — but the new act misses the mark in providing fairness for renters. They will have no securi= ty of tenure or protection from price gouging. Judging from the public comment= s, the voices of Yukoners are not being heard. The NDP Official Opposition wil= l be bringing forth amendments to the new act to fill in these gaps. Is the government open to a constructive debate on these amendments, or will it mo= ve ahead with the new act as is without addressing what Yukoners have said?
Hon.
Ms. Taylor: The foundation this act was built o=
n was
primarily the select committee recommendations, which the NDP, the Liberal
Party and the Yukon Party all contributed to. They came up with a number of
recommendations. All eight specific recommendations are reflected
wholeheartedly. Above and beyond that, the
For the life of me, I don’t r= eally understand where the NDP is coming from, when in fact it was only days ago = the NDP said they believe this bill is 110 percent better than what it was befo= re, and that includes former NDP candidates who are also saying that the act is great. We look forward to debating this bill starting this afternoon and we look forward to talking about all the provisions within the act that will go toward support of both landlords and tenants.
Question re:
Mr.
Silver:&=
#8195; The Klondike
Development Organization, or KDO, is a partnership of the City of Dawson,
Dawson City Chamber of Commerce, Klondike Visitors Association, Dawson City
Arts Society and Chief Isaac Incorporated, which is the development corpora=
tion
of the Tr’ondëk Hwëch’in. Its goal is to collaborate =
and
build a sustainable economy. Unfortunately, this government has yet to reco=
gnize
KDO to the level that they deserve. It is the main economic development ent=
ity
in the
One of its priorities is addressing=
the
current housing shortage in
When is the minister responsible fo= r Yukon Housing Corporation going to start working with this organization?= p>
Hon.
Mr.
We received the letter from the Klo=
ndike
Development Organization. It went to the then president of the Housing Corp=
oration,
copied to me and the member opposite. There are a number of proposals that =
are
before the Housing Corporation on a variety of different lands right now.
Earlier today, I tabled a stakeholder engagement piece for the Housing
Corporation when they’re developing their strategic plans. One of the=
ir
strategic goals is to develop partnerships with other departments, governme=
nts,
NGOs — which would be this case — and the private sector in the
pursuit of collaborative initiatives to enhance the full range of choices a=
long
the housing continuum. Once we have a look at what the housing needs are of=
Mr. Silver:&= #8195; I appreciate the minister’s answers. The old Korbo site is a definite consideration. Remediation is now complete and the site is almost ready to be built on. Th= ere may be problems with that remediation, but that’s a question for anot= her day.
The possibilities are actually endl=
ess, Mr.
Speaker. For example, the Yukon School of Visual Arts or SOVA is really
struggling with student accommodations this year. The City of
The Government of Yukon has put a t= on of money into getting SOVA off the ground and we’re very appreciative of that, but if we don’t do the final steps and find housing for the students, all of this progress will be lost.
Will the minister responsible for h= ousing commit to meeting with KDO to discuss the future of the old Korbo Apartments site?
Hon.
Mr.
One of the strategic goals for the development of the five-year strategic plan for the Housing Corporation I mentioned earlier is to look for those strategic partnerships with a number= of governments and private sector organizations like KDO.
Again, we’re happy to meet wi= th those types of organizations. When that land has a clean bill of health and is re= ady to be developed, we would consider proposals from the KDO and other governments, organizations and the private sector as to what is the best us= e of that property.
Mr.
Silver:&=
#8195; It’s good=
to hear
that the minister is in support of SOVA. I know the educational community i=
s in
support and believes in SOVA. I know that the
Hon.
Mr. Graham: As the member opposite knows, McDon=
ald
Lodge is part of the Department of Health and Social Services. At this time=
, no
firm decision has been made about when or if McDonald Lodge will be complet=
ely
replaced or, in fact, where it will be located if it is replaced. Once those
decisions are made, I would be only too happy to talk with anyone who is
interested in utilizing the current McDonald Lodge, if, in fact, it can be =
used
for anything other than its current purpose.
Speaker: The time for Question Period has now elapsed. We will proceed= at this time to Orders of the Day.
ORDERS OF THE DAY
GOVERNMENT BILLS
Bill No. 51: Residential Landlord and Te=
nant
Act — Second R=
eading
Clerk: Second reading, Bill No. 51, standing in the name of the Hon.=
Ms.
Taylor.
Hon.
Ms. Taylor: I move that Bill No. 51, entitled <=
i>Residential
Landlord and Tenant Act, be now read a second time.
Speaker: It has been moved by the Minister of Community Services that = Bill No. 51, entitled Residential Landlord and Tenant Act, be now read a second time.
Hon. Ms. Taylor: Mr. Speaker, I am very honoured to introduce Bill No. 51, which repeals and replaces part 4 of the Landlord= and Tenant Act with legislation that will regulate residential tenancies in= a modernized and balanced approach.
The proposed bill supports this government’s priority to implement recommendations of the Select Committee on the Landlord and Tenant Act to modernize the legislatio= n. It is also important in fostering a healthy private rental market that prot= ects the interests and rights of both landlords and tenants.
As I mentioned during Question Peri= od, the Select Committee on the Landlord and Tenant Act was created a number= of years ago. It was created with the input of the New Democratic caucus. It w= as also comprised of representation from the Liberal Party and from the Yukon Party.
In particular, those select committ= ee recommendations were as follows: (1) to incorporate best practices; (2) to = modernize the language of the act and to consider a separate act for residential tenancies; (3) to clarify rights and responsibilities of both holders; (4) = to identify and to work on minimum rental standards; (5) to provide clarity wh= en it comes to eviction and termination of tenancies; (6) to also provide that added clarity with respect to security and damage deposits; (7) to come up = with new dispute resolution and enforcement provisions within the act; and (8) c= alls for enhanced public education speaking to the roles and responsibilities of both landlords and tenants.
The proposed legislation before the
Assembly clarifies the types of residential tenancies it applies to. It will
help to explain the legal framework around the landlord and tenant relation=
ship
while providing for an accessible and robust dispute resolution process tha=
t is
outside of the formal court process as we know it today.
We believe that by modernizing resi= dential tenancy legislation, we are indeed improving quality of life for Yukoners. = Both tenants and landlords have asked for improvements to their rights and obligations, and we are pleased to respond to these concerns within the legislation.
To summarize, the legislation propo= sed today does a number of things.
(1) In direct response to the select committee recommendation, it does separate the Landlord and Tenant Act= i> into two separate pieces of legislation — the new act before us today= addresses residential tenancies and the commercial Landlord and Tenant Act refocuses the remainder of the existing Landlord and Tenant Act to address commercial rentals only.
(2) The proposed legislation provid= es for common forms and agreements to be established by regulation. It requires the landlord and the tenant to complete written tenancy agreements with mandato= ry requirements and condition inspection reports for all rental transactions.<= /span>
(3) The legislation provides for a =
new
summary binding process for the resolution of disputes between landlords and
tenants. I am very pleased to report that a new residential tenancy branch
within Community Services will be established for the administration of the
act, for settling disputes and for providing information to landlords and
tenants about their rights and responsibilities under the legislation.
(4) The new act clarifies the use of security deposits and limits rent increases to once per year.
(5) The act maintains the ability f= or a landlord to terminate rental without cause but extends the notice period fr= om one month to two months.
(6) Where a landlord intends to convert a rental premise to a condominiu= m or mobile home park, for example, the legislation requires six and 18 months’ notice respectively. These provisions help to balance a landlord’s rights in the private market with consideration for the tenant’s need to find new accommodation.
(7) The proposed legislation addres=
ses
fees, penalties and other enforcement and administrative matters and specif=
ies
that no additional fees may be charged for entering into a rental agreement=
.
The new legislation is balanced and= will benefit landlords and tenants equally. It is written in clear and plain language and incorporates best practices from across the country. Earlier t= his summer, we invited the public to have an additional say through the Land= lord and Tenant Act review by way of a distributed public survey, and this feedback is also reflected in the bill before the House today. We heard from more than 200 Yukoners through a combination of on-line and written submiss= ions over the course of the review and had support for the principles that we’ve included in the new law. The feedback from Yukoners, together w= ith the work that was already completed by the select committee, has led to a modern, clear and effective Residential Landlord and Tenant Act= i>, which promotes a healthy private rental market.
We believe that adequate, available=
and
affordable housing is fundamental in building and maintaining strong
This September, for example, we iss=
ued well
over 100 new residential lots in the Whistle Bend subdivision in
As articulated by the Minister of H= ealth and Social Services and the minister responsible for the Yukon Housing Corp= oration, the Government of Yukon is also working on a number of added housing facili= ties throughout the Yukon, building on the significant investments that the Government of Yukon, working in collaboration with the Government of Canada, has invested in over the past several years.
Earlier this summer, for example, t=
he
minister responsible for the Yukon Housing Corporation announced a new seni=
ors
housing complex that would be going up at
We are also continuing the good wor=
k with
the Yukon Women’s Transition Home Society on the development of
Betty’s Haven — 10 units of second-stage transitional housing f=
or
women and children fleeing abusive relationships. That work is well underway
and we’re very excited to be able to continue to work the previous wo=
rk
that has been completed in communities such as
In collaboration with the Minister = of Health and Social Services, we are also very pleased to announce the continuation of the emergency youth shelter, but to expand that for up to s= ix youths, to be operated in collaboration with the Skookum Jim Friendship Cen= tre.
There are a number of other housing developments, but it certainly speaks to the Government of Yukon’s commitment to working to provide those added housing initiatives in support= of Yukoners and the varied need across the housing spectrum.
As I mentioned, through the Resi= dential Landlord and Tenant Act, we are very much committed to promoting a healthy, private rental market. We recognize that the issues are complex, a= nd they challenge us as a government and an Assembly to find innovative approa= ches that will help to improve the lives of all Yukoners.
I believe that the steps we are tak=
ing will
bring about widespread benefits for our young working families, seniors, an=
d
The new act also deals with concern= s we heard around the frequency of rent increases. The proposed law will limit r= ent increases to once per year and will require at least three months’ notice. As I mentioned earlier today, this will provide stability and notice for tenants to decide on their options and time to plan for any financial impact. Landlords, on the other hand, will be able to plan to deal with ris= ing costs, inflation, interest rates, renovations and improvements to their property. An exemption will be allowed in situations where rent is tied to = income, as is the case in social housing.
Tenants on a mobile home site who r=
eceive a
notice of rent increase may choose to treat it as a notice to end the tenan=
cy
by advising the landlord in writing within 30 days of receipt of the notice,
and the increase may not take effect until after the tenant has vacated. The
act, as I mentioned earlier, balances the rights of tenants and landlords,
provides guidance around termination, with and without cause, and addresses
issues that have arisen around mobile home tenancies.
The legislation clarifies situation=
s of
unpaid rent and eviction, and contemplates the full range of situations that
have arisen between landlords and tenants in
The bill provides clarity around th=
e reason
for termination with cause, provides landlords with the ability to apply fo=
r a
director’s order and possession of the rental unit. It’s import=
ant
to
A landlord has the right to manage = and protect his or her real estate investment, and the tenant has the right to = use the property as specified in a rental agreement, including the right to adequate notice of a change that may affect that tenant’s quality of life.
Tenant privacy will also be safegua=
rded
under the act. At least 24 hours’ notice will be required for entry by
the landlord, except for emergencies, where the tenant has given permission=
or
vacated the premises, or if authorized by an order of the residential tenan=
cies
director.
As well, entering may not happen mo= re than seven days after the notice is received.
A landlord is responsible for provi= ding and maintaining the residential property in a condition that complies with heal= th, safety and housing standards required by the regulations and other law and making it suitable for occupation by a tenant. A tenant will also be responsible for maintaining reasonable health, cleanliness and sanitary standards and may not infringe on the enjoyment of others.
Minimum rental standards will follo= w in regulation and will respond to the oil-fired appliances report by requiring= the installation of carbon monoxide and smoke detectors in all rental units. Wi= th support from the Legislature for the residential tenancy legislation, our n= ext step will be to conduct further public review to seek the input of Yukoners on developing the regulations to administer this new legislation.
Yukoners will be asked for input in=
to the
development of the minimum rental standards early next year, as we go throu=
gh
the steps required to set up the residential tenancy branch and bring the
legislation before us today.
We certainly expect that the Res= idential Landlord and Tenant Act will come into force in 2013 and this modern le= gislation will go a long way to improving Yukoners’ private rental market.
As I mentioned earlier today, moder=
nizing
By passing the act before us today,=
the
government will be able to provide Yukoners with more modern, accessible, u=
nderstandable
and balanced residential tenancy legislation. I’m very proud that this
new act is a significant legislative reform that changes the manner in which
residential tenancy laws are administered and enforced in
I want to thank every Yukoner for t=
heir
input into this most important bill and for taking the time to put forth th=
eir
ideas and their perspectives, which helps to strengthen such a bill as we s=
ee
today. I also wish to thank the various departmental officials for all their
work in preparing this new legislation, which helps meet our very vision
— our own department’s vision of vibrant, healthy and sustainab=
le
We certainly know that many of the ministers and MLAs will be speaking to the bill further, when it comes to Health and Social Services, Yukon Housing Corporation, Economic Development= and many others. This is a significant piece of legislation, and it is of the utmost importance to all Yukoners. We’re very pleased to be able to p= ut it forward for members’ consideration.
I very much appreciate there will b= e a significant number of questions and some debate on many of the provisions within the bill. We all come to the Legislature with different perspectives= and different mandates, and I want to say that I appreciate and look forward to= the input and constructive ideas provided by the members of the opposition.
I also want to say that this bill h=
as been
left untouched, literally since its coming to fruition in 1954, I believe it
was. Rest assured that this is really a beginning. This bill will continue =
to
evolve in the years to come, as housing continues to evolve. I can say that
when we just look at the many housing initiatives that have come to fruitio=
n in
the territory over the last decade alone, there have been significant chang=
es.
There has been significant growth in our population and, with that, signifi=
cant
varied demand by Yukoners on many different levels for the level and scope =
of
housing. I believe that a new, modernized Landlord
and Tenant Act is but one of those pieces that are so very important to
making housing a priority and addressing the varied needs of Yukoners
throughout the territory, whether it’s making land available, whether
it’s addressing various housing initiatives, from emergency shelter r=
ight
through to continuing care and everything that falls between.
It is a significant legislative ref=
orm that
changes the manner by which residential tenancy law is administered and enf=
orced
in the territory. As I mentioned, it brings it in line with the rest of the
country.
I was speaking recently at a confer=
ence
with the minister responsible for housing in the
It’s a significant step ahead= and I thank every Yukoner for providing their valuable input into this most impor= tant bill. As I mentioned before, I want to thank all the department officials f= or their work in preparing this new legislation and moving forward on a major election commitment of this government.
Ms.
White:=
8195; It’=
s my
pleasure to speak to the bill before us, the Residential Landlord and Te=
nant
Act. For years, the NDP has been calling for changes to the current arc=
haic
act.
The late Steve Cardiff participatin= g in the select committee tasked with proposing changes to the act and reporting to = the Legislature. In fact, it was Steve who, in November 2009, tabled a motion — which passed unanimously — to establish an all-party committe= e to conduct public consultations to receive the views and opinions of Yukon residents on what changes should be made to our residential tenancy law. St= eve said at that time, and I quote: “People have told us for years the cu= rrent legislation is past its best-before date, no longer serves the needs of eit= her tenants or landlords and desperately needs a major overhaul to bring it up = to modern-day standards.” I wish Steve were here today to be part of this debate.
Through the years, the Yukon NDP ha=
s asked
questions, proposed motions, sat on the select committee and penned a submi=
ssion
to the public consultation on the Landlord and Tenant Act held this
summer. The Yukon NDP believes that tenants should enjoy the legal right of
security of tenure, the right to keep their homes, and this should be balan=
ced
by protections for a landlord’s property. For the
In the two and a half years since t=
he
select committee produced this report, the housing crisis has gone from bad=
to
worse in the
We have argued the housing crisis r= equires a strategy — a multi-faceted approach that addresses the major proble= ms. Outdated rules in the existing Landlord and Tenant Act have contribu= ted to this crisis. Changing the Landlord and Tenant Act is a step but it doesn’t address the crisis.
Over the past number of years the i= ssue has been studied endlessly but the government has failed to act on most of the = recommendations made in various reports. Government has failed to listen to housing advocacy organizations. The government has sat on the remaining $13 million of housi= ng money from the federal government when it could have been building homes. Simply put, the government has shown a complete unwillingness or incapacity= to take real leadership on solving the housing crisis. Leadership consisting of real action is desperately needed.
Instead of moving forward with a
comprehensive housing plan with meaningful targets and timelines, this
government prefers to rattle off a list of projects in consideration or und=
erway,
but a list of disjointed actions does not constitute a plan. An ad hoc one-=
off
approach to housing is part of what got us in this mess in the first place.
It’s going to take much more than a long list of promises to get us o=
ut.
It’s going to take much more = than a long list of promises to get us out. The housing challenges facing Yukoners= run the spectrum, from difficulty paying the rent or mortgage to homelessness. Working and middle-class people can’t afford pricey residential lots = and new home construction. Businesses struggle to recruit and retain staff they need to operate. Young people, families and transient workers are forced to leave the territory to find work where housing is more available and afford= able, and the list goes on.
My point here is that the housing c=
risis
affects us all.
We have urged the government to dev=
elop a
The NDP Official Opposition held a
consultation with the public when the government tabled this proposed new a=
ct.
These are some examples of what we heard. It was considered to be a general
improvement but people felt there was a lack of process to review rent.
Fairness in rent increases was of significant concern. Lack of security to
tenure is a big concern.
We also heard that there were quest= ions about the role of dispute resolution folks to exercise discretion when dete= rmining reasonableness of eviction with cause; lack of specific language, timelines= for hearings after a complaint was initiated; questions about how the fee to ap= ply for dispute resolution will be structured. There are no timelines for repai= rs to be made after problems are reported to landlords; ways to return security deposits could possibly be broadened to include things like electronic transfers, though delivery by hand or registered mail would seem to provide= the greatest security for landlords and tenants alike.
Will landlords be required to put p= eople up elsewhere if repairs are required that make the unit temporarily uninhabita= ble? There are multiple roles for the director to investigate and try to mediate= and adjudicate. It seems like a poor separation of roles. The director has no ability to extend time limits for people to make applications. I think that needs more flexibility. Will the residential tenancy office be arm’s length, or will it be part of the department and how will it be staffed? Wh= at will the minimum rental standards be? There’s concern about potential double standards if those standards are higher than what a person needs to = get an occupancy permit. For example, why should landlords have to provide anyt= hing more than the minimum standard for occupancy?
Concerns with section 52(1)(e) and = section 59 give discretion to landlords to evict for behaviour that is not necessar= ily illegal and that has not actually occurred, with the usage of the word “likely.”
Concerns about transition from old = to new acts, especially in the context of First Nations that own and manage housing and want to transfer ownership to First Nation members have huge potential = cost implications to bring rental stock up to standard. That also goes for landl= ords who also have multiple units.
There is nothing in store for pet o= wners. There are concerns regarding section 61. Protection for tenants who complai= n is an insufficient substitute for eliminating evictions without cause. It crea= tes a super right for tenants who complain in that they can always refer to the= ir complaint to try to stop the landlord from giving an eviction, which ties t= he landlord’s wrists together. Others who haven’t made a formal complaint are unprotected.
In section 90, language regarding t= he education role is of the direction “may” and not “shall” and maybe “it shall be required” would be better.
There is a great deal the Official Opposition likes in the new act — for example, plain language draftin= g, dispute resolution and minimum health and safety standards. I have been quo= ted as saying the act is 110 percent better and I’ll stand by that. But i= t is wrong to suggest that this means my unqualified support — 110 percent= of nothing is still nothing and 110 percent less of a bad thing does not necessarily make it a good thing.
In the second reading debate, I wan= t to touch on a few areas we like in the proposed new Residential Landlord an= d Tenant Act: (1) the minimum health and safety standards; (2) plain language; (= 3) the elimination of last month’s rent; (4) standardized tenancy agreements; (5) inspection report; and (6) dispute resolution.
The NDP Official Opposition believes tenants should have the expectation that their rental unit conforms to applicable building codes and municipal bylaws, is free of contaminants suc= h as mould and has working smoke and carbon monoxide detectors, among other thin= gs, and that these are part of the landlord’s obligation. The current law speaks of landlords’ general responsibility to provide, quote: “good, safe, healthy” rental units. The lack of any definition about what this means or affordable and convenient processes for tenants to seek compliance has forced many to live in squalid and unsafe conditions.= span>
In section 33, the new act would al= low minimum health and safety standards for rental properties. It lays out good= expectations for both landlords and tenants. This, we believe, is a good thing. Concerns have been raised as to timelines for both parties to complete required repa= irs. With some existing units in the territory being below this standard, some landlords have asked about timeframes. What will the adjustment period be between the old and the new act? What timelines will landlords have to meet= the requirements? The new law speaks of landlords’ general responsibility= to comply with the, quote: “health, safety, and housing standards” required by the regulations. Another law speaks to a set of regulations tha= t we still haven’t seen set. It is my understanding that draft regulations will be made and then taken out to public consultation. What happens to ten= ants who are living in unsafe conditions in the meantime? How long does the mini= ster see this process taking?
We are pleased to see the requireme= nts of both smoke and carbon monoxide detectors in all rental units. We wonder how long it will take to have a regulation requiring this and whether governmen= t is willing to propose an interim measure to get this important safety measure = in place sooner.
We also know that we need to look o=
utside of
landlord and tenant rules in order to effectively increase standards and sa=
fety
when it comes to home heating and that the Yukon government needs to modern=
ize
other building safety standards. For example, the lack of regulation of
oil-fired appliances, which heat 80 percent of homes in the
We know the
According to the public comments in= the findings of the select committee, there is a widespread acceptance of the n= eed for minimum standards. There are also a number of comments detailing the rather poor conditions of rental units, including incidents of black mold, resident rodents and heating problems.
All our legislation should be acces=
sible to
the public. All governments need to keep the modernization process going. I
went back to Hansard, to a May 2008 Question Period question. The th=
en
Member for
My question for the minister: For t=
he sake
of members who might have slept through the Elizabethan era, could he please
explain those two small sections in plain language.”
I appreciate the new act is easy to understand and say out loud. The elimination of last month’s rent = 212; the confusion between moving into a place with first, last and a damage dep= osit — so sometimes that would hit people with the cost of three monthR= 17;s rent right off the bat. Having to pay first and last months’ rent, pl= us a security deposit, was a huge burn for renters. So simplifying it and making= it one security deposit that is the maximum of one month’s rent or one week’s rent, depending on the lease agreement, is great.
It’s important to get agreeme= nts in writing, and this is a good step toward that understanding with the standardized tenancy agreements. Inspection reports done both before and af= ter leaving a tenancy agreement is important. They should provide clarity and a= void conflict at move-in and move-out times.
We are pleased to see dispute resol=
ution
enshrined in the act. The NDP Official Opposition has long called for a sim=
pler
and more effective dispute resolution process. Currently, landlords and ten=
ants
are told to go to court or arbitration when dispute occurs.
This is not the most effective way = to resolve issues, and the lack of an alternate means to mediate and adjudicate can be unfair for those on low incomes or without the legal knowledge to navigate through a court action. Other jurisdictions have created fast, cos= t-effective and easily accessible dispute resolution processes. In other jurisdictions, rental tenancy boards or offices do set limits on rental increases. We̵= 7;re glad to see alternatives to court to resolve disputes, but we’re concerned that this new office will not be tasked to prevent price gouging.=
Things we don’t like — = we think the greatest weakness in the proposed new Residential Landlord and Tenant Act is that it does not contain provisions to address, first, price gou= ging and huge rent increases and, second, eliminating no-cause evictions. Yester= day the Minister of Community Services released over 200 submissions by Yukoner= s this summer during the Landlord and Tenant Act consultation. The minister said the new act reflects the public’s views and that “…o= nline and written input, demonstrating overwhelming support for the principles th= at have been included in the bill.”
This is curious because in the shor= t period of time we’ve had to review the comments, we saw many comments suppor= ting provisions to prevent price gouging and to stop the archaic practice of eviction without reason. The minister well knows that, despite not even bei= ng asked, the majority of responses to the consultation said there should be s= ome measures to prevent huge rent increases.
The minister also knows that the
government’s plan to continue to permit evictions without reason is n=
ot
supported by many Yukoners, who said so in the public consultation. In Ques=
tion
Period, the minister’s explanation for why these opinions of Yukoners=
are
not reflected in the proposed Residential Landlord and Tenant Act was
lacking.
The new act misses the mark in prov=
iding
fairness for renters. They will have no security of tenure and protections =
from
price gouging. Judging from the public’s comments, the voices of Yuko=
ners
were not heard. Unfair rent increases are a constant problem for tenants, b=
ut
it is of particular concern when there is a low vacancy rate and high demand
for rental units. At present, a landlord can raise rent as high as they wan=
t,
and this act would not change that state of affairs. The only restrictions =
now
are that it can’t be increased in the first year of tenancy and that =
then
it can only be increased once every 12 months, with three months’ wri=
tten
notice. In some rare cases, the landlords have been known to raise the rent=
s as
a means to evict tenants and allow for higher paying tenants to move in, and
there is nothing the tenant can do but either pay up or move out. The new a=
ct
would allow for rent increases once a year with three months’ notice.
This still isn’t good enough. There should be a system of rent review=
in
the
Despite the fact that the governmen=
t did
not ask the public directly, and I quote: “should there be a form of =
rent
review, rent control, rent ceiling, etc,” the majority of Yukoners sa=
id
that there should be some way to deal with rental increases.
The public was asked, and I quote: = “Should rent increases be limited to once per year?” Forty-six of 71 comments= in this section said that there should be some way to deal with rental increas= es.
Mr. Speaker, with your indulgence, I’m just going to read those off now. These are all directly off the website and this is all to the question. Like the majority of provinces and territories, the current legislation does not allow rent increases in the f= irst year of tenancy. After that, the act allows increases at any time after the first year as long as tenants receive three months’ notice. = p>
This was in the comments section an= d this is what people said, and I quote: “It should be limited to a low fixed percentage rate increase once a year, limited to a percentage — for example, two percent or five percent. There also needs to be a percentage m= aximum that rent can increase in a year.”
Another one: Rent increases should = be done once a year, and yes, three months’ notice is good. I think there sho= uld be also a limit to what rent can be increased to. It should work like inter= est rates. There should also be a territorial appraiser. This way, people can’t charge so much for substandard places.
Another one: If major upgrades are = done mid-year, the landlord has to be able to increase rent. If not, you will ha= ve more buildings in declining condition as no maintenance and upgrades can be carried out.
Another one: There should be a
Another: Yes, rental increases limi=
ted to
once a year with three months’ notice. There should be a ceiling on t=
he
amount of rent that can be charged overall for a rental unit to a maximum
percentage of what rent increases can be per year. I think that $1 dollar p=
er
square foot could be a maximum rental ceiling for residential units and the
percentage of increase should be based on the vacancy rate with a maximum
increase of the ceiling of $1 dollar per square foot.
When the maximum rental ceiling is = reached for a unit then no further rent increases should be allowed. If there are increased costs — for example, for water or garbage removal — t= he landlord could apply to the neutral board for an increase and the board cou= ld then get input from both the landlord and the tenants regarding their reque= sted rent increase.
Another: There should be rent contr= ol so that landlords can’t raise rents 20 to 50 percent. I’ve seen th= is happen too many times. It should be against the law. People have not a lot = of choices to find other places to live.
Another one: Again, look at the sit= uation where rent went up within 12 months and there was no proof for the increase= s in rent. General maintenance in common areas were not even being kept up. Once= a year can allow people to adjust their budgets and income accordingly and th= ere should be a cap on the increase — for example, 10 percent. That’= ;s only eight and there are 34 more, but I’m going to just move on.
We are pleased that the
Apart from
In its public consultation question= s, this Yukon Party government asked about timelines for termination but it did not= ask about cause. The Yukon Party government wanted to avoid this key issue, but Yukoners still expressed concern about no-cause terminations. Despite not b= eing asked about the normal and common practice of requiring a reason to termina= te, submissions show numerous expressions of concern about no-cause termination= s, outweighing support of the termination without cause. It showed numerous expressions of concern about termination because of condo conversion. It al= so showed numerous expressions of concern about no-cause termination in a rent= al market with a less than two-percent vacancy rate.
The NDP Official Opposition will be bringing forth amendments to the new act to fill in these gaps, and we hope= the government will not be dismissive, will listen to our ideas and will recogn= ize the public’s views contained in the comments to the consultation. We = will be bringing in amendments that would allow for the crafting of regulations = on rent increases, as well as an attempt to amend the bill to eliminate no-cau= se eviction. We believe that the bill as it stands is an improvement, but with= a little more work, with constructive debate and by listening to what Yukoners have said, we can make it even better. We hope the government is interested= in making the new Residential Landlord= and Tenant Act better.
Hon.
Mr. Kent: I’m pleased to rise at second=
reading
to speak to Bill No. 51, which repeals and replaces part 4 of the Landlord and Tenant Act with legis=
lation
that will regulate residential tenancies.
There are number of changes I am ce= rtainly very pleased with. My riding of Riverdale North has a number of large apart= ment buildings, a number of basement suites, garden suites — any number of things. I believe even the Member for Klondike, when he is in Whitehorse, a= way from his home in Dawson or from visiting where his roots are in Nova Scotia= , is a constituent of mine living in Riverdale North — living in one of th= ose large apartment buildings. So, again, it’s something that I heard an awful lot of at the door during last fall’s election campaign —= a number of these issues. I think that making improvements to the Landlord= and Tenant Act is part of our implementation of the government’s hous= ing strategy and the plan that we put before Yukoners last year.
So I am very excited to add this to=
a
number of the initiatives that we’ve been working on; I think one of =
the
best things about this legislation that’s before the House is that
it’s balanced and will benefit landlords and tenants equally. It̵=
7;s
written in clear and plain language, as mentioned, and incorporates best pr=
actices
from across
I just wanted to speak about some o=
f the
accomplishments of the Yukon Housing Corporation — and indeed governm=
ent
— has achieved, not only in the past calendar year but also since the=
end
of the spring sitting. I’d like to highlight those. Earlier today, I
tabled a document in the Legislature on the stakeholders presentation for t=
he
draft strategic plan of the Yukon Housing Corporation. I’ll just brie=
fly
touch on those strategic goals and then, if time permits, speak a little bi=
t to
some of the implications of the new act on the Yukon Housing Corporation, a=
s
Before that, just to touch on a cou=
ple of
things the Member for Takhini-Kopper King mentioned — I’d like =
to
welcome her. I understand she is a new homeowner and recently purchased a h=
ome
in her riding of Takhini-Kopper King. It’s very admirable that she did
that. When I was a member of this Legislature before, when I won, I did not
reside in the riding I won in and relocated to the riding of
I know the Member for Whitehorse Ce= ntre has relocated to her riding as well, so I think that is an important part ̵= 2; for those of us able to do so — to live close to where our constituen= ts live. I should say also that the Member for Porter Creek South, upon being elected, purchased a home in Porter Creek South, so it’s exciting that everyone is able to move closer to their constituents.
The spring sitting of this Legislat= ure ended on May 10 and, as all members are aware, the government has continued over that time to implement its comprehensive housing strategy and bring a number of matters to the attention of members in the House so they are awar= e of the ongoing success in the implementation of what our plan is to address the housing needs of Yukoners.
On June 8, my colleague, the Minist=
er of
Community Services, announced the launch of the public survey that helped to
shape this legislation that is before us today. That survey builds upon the
work of the Select Committee on the Landlord and Tenant Act and, of
course, that committee reviewed and recommended improvements to the act. The
government’s goal is to develop a clear, effective, new residential
tenancy law that incorporates best practices in Canada, balances the intere=
st
of landlord and tenants and promotes a healthy private rental market.
On June 18, a contract was awarded =
to
provide land construction and design for a new 10-unit second-stage housing
facility for women and children, and that was awarded to a local contractor.
The facility, which is going to be called Betty’s Haven, will provide=
10
second-stage housing units of supportive, secure and affordable housing for=
12
to 18 months for women and children who are fleeing abuse. The
On June 25 this year, the Yukon Hou=
sing
Corporation officially opened six affordable housing units in
Since 2009, the Housing Corporation=
has
been ardently planning, building, upgrading and populating our housing. Wit=
h
This would help stimulate the econo=
my
through new home construction and, as more Yukoners become able to purchase
entry-level homes, it will free up more rental housing for others.
Staff of the Yukon Housing Corporat= ion has undertaken research and this complements the work of a consultant who was h= ired by the board to help define program options. The consultant updated the boa= rd of directors as recently as October, and options for review and considerati= on will be presented in the coming weeks. I certainly don’t want to prej= udge the decisions of the board of directors, but I look forward to receiving th= eir recommendations on how we can move forward on such an important initiative.=
August 13 was an extremely importan=
t day
because residents began to occupy the 10 new units at the Thomson Centre. My
colleague, the Minister of Health and Social Services, acknowledged that th=
ese
additional 10 continuing care beds will greatly benefit the residents, their
families and the overall health care system. The occupants of the 10 additi=
onal
beds are coming from the community, other care facilities and
August 15 was a tremendous day beca=
use
there were two vital housing projects announced: First, the provision of ju=
st
over $3 million so that Options for
The Premier noted that the Canada-Y=
ukon
affordable housing agreement is helping our government meet the needs of
Yukoners and deliver on our commitments to make housing a priority.
This project will go a long way to =
help
house some of the most vulnerable and often homeless members of our communi=
ty.
It’s an important step along the way as we move forward on our housing
strategy. Also that day we announced a 34-unit seniors building on the prev=
ious
location of the
On August 24, we responded to the
homeowners affected by the
I know a number of my colleagues an=
d many
emergency services personnel were on hand during the actual flood to assist=
and
my congratulations to all those officials who helped out with that and the
people of
I would also like to thank and cong=
ratulate
the owners of the Rancheria Lodge for their work that day as well. Of cours=
e,
the main washout on the highway was just west of their lodge and they really
stepped up and provided some leadership. I didn’t get down during the
flood, but was able to travel down afterwards and witness the devastation of
the flood after the waters had receded somewhat. I don’t think I̵=
7;ll
ever forget going into some of those homes and seeing personal belongings l=
ike
pictures of relatives floating around in the house and those that the
homeowners had drying on their windowsills, or the eight cords of wood in t=
hat
one woodshed that got picked up and tossed around so easily by those flood
waters. It certainly reminds you of how quickly things can change. Again, m=
y kudos
to the Member for
On August 29 the oil-fired applianc=
es
working group submitted their action plan and recommendations to the
The Minister of Community Services =
and I
made the announcement just prior to the sitting that, thanks to the valuabl=
e input
from the working group and from Yukon citizens we talked to throughout the
territory, including industry representation, government, First Nation and
municipal governments and a number of private homeowners, we’ve come =
to
the conclusion that we require that only certified oil burner mechanics can
apply for a permit to install or modify an oil-burning appliance. We’=
re
making carbon monoxide detectors and smoke alarms mandatory in all residenc=
es,
including rental units, and continue to address public awareness and indust=
ry
training initiatives. The Department of Education and the Yukon Housing Cor=
poration
will work very closely with the Department of Community Services on this.
On September 26, a lottery was held=
for
over 100 new residential lots in the Whistle Bend subdivision. The lots are
being offered at development costs and were valued to approximately 6.5 per=
cent
below the market value. The Minister of Community Services noted that this
approach offers new lots at the most cost-effective price for new homeowners
starting out in the new Whistle Bend subdivision. I’m pleased that for
the first time in a number of years, in
On September 28, the minister respo=
nsible
for the Women’s Directorate and I extended the pilot project that fea=
tured
a coordinator at the
There are a number of other initiat=
ives
that we continue to work on. When it comes to working on housing, I could h=
ighlight
the five strategic goals that the Yukon Housing Corporation is engaged with
stakeholders on at meetings today and tomorrow here in
One of the goals is to facilitate a=
ccess to
more attainable, suitable and sustainable home ownership. The second one su=
pports
initiatives to create the availability and affordability of suitable rental
accommodation. The third goal, which I highlighted during Question Period
today, is to develop those strategic partnerships with any number of
governments, organizations and the private sector in pursuit of collaborati=
ve
initiatives to enhance the full range of choices along the housing continuu=
m.
We want to work to continually impr= ove the corporation’s effectiveness. The final one is to ensure adequate huma= n resources planning. We’re excited about the strategic plan for 2013-18 and everything it will bring about.
I know my time is running short, an=
d I did
want to talk about some of the aspects that are included in the Resident=
ial Landlord
and Tenant Act that affect the Yukon Housing Corporation. Perhaps
I’ll have a better opportunity to do that during Committee of the Who=
le
or at another time. I just want to end by saying that, in the 2006 census,
there were 12,610 housing units in the
For all the preceding work and all = the work that we’ve been able to do over the past year — that possibly precipitated that letter I received from Marie-Claude Morin that was tabled= in the House earlier this week stating that we have: “…shown great leadership in the area of housing. In the last few years your territory has implemented many initiatives to help combat problems in the housing sector. Like you, the federal NDP believes that housing issues are a priority.̶= 1;
I’ll end it with that and look forward to comments by my colleagues and colleagues from across the floor.<= /span>
Mr. Silver:&= #8195; I’m pleas= ed to stand on the second reading of Bill No. 51, the Residential Landlord and Tenant Act. I will be in support of this bill. It is an extensive rewri= te of one of the oldest pieces of legislation on our books, and it is long overdue.
It is a vast improvement over the e=
xisting
law that we have in place to govern landlord and tenant matters. It builds =
on
the work of the Select Committee on the Landlord and Tenant Act, whi=
ch
is comprised of the late Steve Cardiff, the former Member for
I also want to thank the officials = from the Department of Community Services and the Department of Justice for their wo= rk on this bill. Officials provided an excellent and informative briefing on t= he bill last week, and they answered many of the questions I had regarding this bill.
So, once again, I am just pleased t= o see this bill going forward and being before us today, and I will definitely be= in support of it.
Hon. Mr. Nixon: It gives me great pleasure to have = the opportunity to speak to Bill No. 51, Residential Landlord and Tenant Act= . I’d like to thank the Minister of Community Services for bringing this bill forward. I’d like to thank the departmental staff and stakeholde= rs for their work and their input into this very important matter. I know a lo= t of hard work has gone into the modernization of this act.
As I read through the act, I reflec=
ted on
my experience as a business owner in the residential and commercial property
management profession as the past president and CEO of Lanix Property
Management. I’m pleased to see that the new act provides greater clar=
ity
for both the landlord and the tenant. This provides good balance. Having a
formal tenancy agreement is an essential component in this legal, binding
contract.
I’m pleased to see that this = process is being recognized for two reasons: First, it prevents a landlord from add= ing unreasonable components to a tenancy agreement that may not be recognized in the act; and second, it prevents a tenant from requesting that a component = of the act be removed from a tenancy agreement that is recognized in the act. = This is better described in section 6(1) and (2), Mr. Speaker.
As I mentioned — which is per= haps the general theme here today — the new act provides greater clarity. Aspe= cts that can be applied to an agreement are things like lawn maintenance and sn= ow removal, for example. This is helpful because a landlord can expect that a tenant can keep the property in good condition and tidy. This is a reasonab= le expectation. The other essential component to this act is the aspect of the condition report. The condition premise report, as used by my company, was certainly very useful when tenants were both moving in and moving out. It provided an enormous amount of clarity when damage was found, and the report gave the tenant the opportunity to indicate any damage when they were movin= g in so they wouldn’t be held liable for that damage when they were moving out.
A common practice I used in the bus= iness was to have the tenant complete the condition premise report prior to moving anything into the apartment, the house, the condo, the commercial space, whatever they were moving into. This practice eliminated the opportunity for the tenant to report damage on the condition report that they may have inde= ed caused themselves when moving in. The act doesn’t clearly indicate wh= en the condition premise report should be completed, but I would recommend fro= m my own experience that it be completed prior to the tenant moving any belongin= gs in.
I can think of one specific case wh= ere I took on a tenant-occupied condo for a new client. The client had signed a month-to-month lease with the tenant about a year prior to me taking on the property; however the owner had failed to have a completed and signed condi= tion report on file. When the tenant moved out, they left about $5,000 worth of damage, including cigarette smoke damage on the walls, cigarette burns in t= he carpet, window screens torn out and broken shelves in the fridge. Even thou= gh it was clear to the owner that the condo was not in that condition at the t= ime of occupancy, a claim against the tenant could not occur because there was = no clear evidence indicating what the property condition was at the time of occupancy.
I think it’s safe to say that regardless of one’s own political affiliation, people don’t typically provide rental accommodation for the sake of losing money. There = is no investment when you lose $5,000 a year over something as simple as a condition report not being completed. If there is no investment, then there will be likely no rental space available, period. Section 22, sub-sections = (1) through (6) describes the condition inspection for residential tenancies in greater detail.
During my time in the profession, I= highly subscribed to providing clean and tidy properties to tenants at the time of occupancy and setting the expectation that the property would be left by th= em at the end of the tenancy as it was found at the time of occupancy. I found that nearly all of my clients appreciated this approach and more so appreci= ated the fact that they were moving into a property that didn’t need to be cleaned.
It’s good to see that the act
stipulates who it does and who it does not apply to. Having exclusions for a
living accommodation that is included in a single contract with a business
lease, or living accommodations owned or operated by an educational institu=
tion,
or a living accommodation that is provided by emergency shelter or transiti=
onal
housing provides greater clarity to both the individual seeking the
accommodation or the individual providing that accommodation.
Other areas that I’m pleased = to see prescribed in the act for greater clarity are rules about payment and non-payment of rent and things like the protection of a tenant’s righ= t to quiet enjoyment of the property. I might add that, as important as it is for the landlord to keep a lucrative investment, it is also important that a te= nant enjoy reasonable privacy and freedom from unreasonable disturbance, and that’s the component of balance in this act.
When I look through the act in area= s such as the landlord’s notice for non-payment of rent or the landlord̵= 7;s notice for cause, I see reasonable expectations and clarity in the language. One of the most difficult things to do as a landlord is having to evict som= eone from a property because of non-payment of rent or some other sort of substantial breach of contract. In my opinion, the wording and expectations= are fair and reasonable and can protect both the landlord and the tenant equally — again, that’s balance, Mr. Speaker.
Now what happens when this fails? In section 62, the act speaks to what happens if a tenant does not leave when = a tenancy is ended. There is a clear definition of “overholding”, which describes a tenant who continues to occupy property after the tenant has en= ded. In my five years in the property management business, I only had this happen twice. It’s an awful feeling for a landlord because of the fact that = they have no idea what’s happening to their investment. In my experience, = this usually occurs when a tenant becomes frustrated and there is an expectation= for a tenant to leave by a specific date. Often there will be another tenant expecting to move in. It’s often during this time that a tenant will incur damage to a property in retaliation of being evicted.
That brings me to my next point, th= e powers of a sheriff. Section 63 states that a sheriff, on receiving a writ of execution for possession, must put the landlord in possession of the rental unit and, for that purpose, the sheriff, deputies and officers of the sheri= ff may, after reasonable demand for admission, force open the door of the rent= al unit and, after reasonable demand to vacate, use reasonable force to remove= the tenant or other occupant from the rental unit.
The Sheriff’s Office is respo=
nsible
for the enforcement of civil judgments issued by the sheriff, by
I would like to commend the Sheriff=
’s
Office for the good work they do under the Department of Justice. Their dut=
ies
are broad and they provide a great service to the citizens of
We also passed some amendments rela=
ted to
the land titles office this spring, as I just mentioned, which will make it
easier for developers to bring multi-unit complexes to market. We committed=
in
our Yukon Party platform to modernize the land titles process, and we are w=
ell
on our way to addressing that commitment. Our Yukon Party government has a
strong commitment to facilitating economic development and bringing forward
steps to remove barriers to development by improving services for landlords=
and
tenants, as well as in the Land Titles Office.
It’s my observation that the = Minister of Community Services, in bringing this bill forward, supports our government’s consistent message about practising good government; pra= ctising open and accountable fiscally responsible government; providing a better qu= ality of life; investing in infrastructure and indeed investing in Yukoners ̵= 2; and I might add the Yukon Party has proven time and time again that investi= ng in Yukoners is a priority.
The NDP have asked that the Land=
lord and
Tenant Act be amended to allow for persons not to be evicted without ca=
use.
This notion is flawed in its logic because it would put an equal relationsh=
ip
on an unequal footing. At the present time, a tenant may terminate a tenanc=
y at
any time for any reason that they do not need to share with the landlord, a=
s long
as they comply with the prescribed period of notice in the tenancy agreemen=
t or
by default, the Landlord and Tenant Act. The government has taken a
sensible approach here by enforcing a notice period for tenancy termination,
but does not prescribe any requirement for either party to the tenancy
agreement to provide reasons.
The fundamental flaw in the NDP log= ic is that tenants need some special protection against eviction, but not to offer landlords the same protection. This flaw in logic underpins a basic misunderstanding about what an equal relationship under an agreement is. The NDP are attempting to fix a problem of landlords who will evict someone in a tight market. Their logic is that a person who is being evicted because the landlord wishes to raise rents or because they are being vindictive doesn’t need to worry about vacancies. It may be true that some landl= ords may act dishonestly in a tenancy agreement, but it’s also true that s= ome tenants will do the same.
So let’s look at it logically=
. In point
of fact, there is a cost to the landlord to evict a person, usually in the =
form
of a vacancy; time to fill the vacancy; renovations are generally required =
at
termination such as painting or repairs to damage caused by the previous
tenant; or the risk that a new tenant will not pay their rent on time versus
the known quantity of the current renter. It is far easier to raise rents
regularly and keep rents at around market rates than to try and overcharge =
and
have higher turnover as a result.
This is the basic economics of bein= g a landlord and it works in favour of tenants because it encourages long-term rentals at market rates. The ideal tenant will stay longer and the landlord will raise rents reasonably, according to the consumer price index, to keep= up with inflation every year.
Again, something that the NDP have a
difficult time comprehending: basic economics. Landlords who keep their ren=
ts
very high will have a higher vacancy rate. They will also experience proble=
ms
when the tight market inevitably corrects itself by a rise in vacancy rates=
, a
condition that has not yet manifested itself in the
The act as currently written and as=
I have
alluded to has cleared up a lot of issues.
Another example of this is not bein= g clear how damage deposits could be used in the past. This new act substantively clears this up for both the tenant and the landlord.
Another important component to the = act is that ability for the director to resolve disputes. It’s an access to justice issue because it gives both tenants and landlords an accessible dis= pute resolution system that, if well-executed, will ensure that frustrations in = tenancy can be resolved. The act also separates out commercial rentals from residen= tial rentals, which makes for a much clearer set of processes for these very different kinds of tenancy agreements.
The act represents a good balance t= hat will regulate what is a private transaction between two parties, so that they are both reasonably protected. It does not pursue the flawed policies that skew= the relationship too much in favour of either the tenant or the landlord.
I support this bill, and I apprecia= te the balance that it supports.
Mr.
Barr:=
195; I would also li=
ke to
extend great thanks to the late Steve Cardiff and recognize the efforts he =
put
forward in helping this important act, Bill No. 51, Residential Landlord=
and
Tenant Act, come forward. I would also like to thank all the people who=
have
worked countless hours to have this come to where we are at today, for the
thousands of Yukoners who are tenants and the smaller number who are landlo=
rds,
to overhaul the applicable law — long overdue. I hope that we can move
forward with
The minister’s responses duri=
ng
Question Period were disappointing. We were hoping to hear the government=
8217;s
willingness to address what we feel are major gaps in the proposed new act,
namely, the lack of rules around the amount of rent increases and eliminati=
ng
no-cause evictions. In Question Period, she backtracked from government
statements in news releases that the proposed act reflected public comments=
submitted
during public consultation. She backtracked by saying, “The act is ba=
sed
on the foundation built by the select committee.”
The select committee reported over =
two
years ago and, since that time, the housing crisis has deepened. The minist=
er
needs to be reminded that the select committee reported that
The minister keeps talking about ba=
lance.
What she is really saying is that she doesn’t support fairness for
renters. The NDP Official Opposition also heard at the public meeting we or=
ganized
that the bill was generally an improvement. The lack of a process to review
rents or ensure fairness of rent increases was a significant concern. We al=
so
heard the lack of security of tenure was a big concern.
I want to draw attention to one sub=
mission,
those being the minutes from a public meeting on the Landlord and Tenant=
Act
review, held on
These minutes reflect that attendee=
s wanted
to see rent increases not exceed a maximum percentage amount. As it stands,
there are no rules to prevent rent from being raised through the roof, and =
we
have heard many stories during the housing crisis of renters receiving noti=
ce
of a huge increase. It actually started to mount last fall, as I remember
walking down
On
In the Yukon News story, =
220;Rents
ratchet up”, dated
In another Yukon News story = — “Rents ratchet up”, April 27, 2012 — the story notes that Yukon rental rates are on the rise and that the median monthly rent for Whitehorse in March hit an all-time high of $825 according to the Yukon Bur= eau of Statistics. This is an overall increase of 6.5 percent from March 2011, = when it was $775 a month. To demonstrate what has happened in just the last two years, one just needs to look at the average median rent in 2003. It was $6= 50 per month. That works out to a 19-percent increase over seven years. That is roughly a two-percent increase each year, as opposed to the dramatic increa= ses we are seeing now in the very tight rental market.
On
This is the consequence of a lack of
vacancies, a lack of fair rules and a lack of affordable housing. Other
jurisdictions have rules to prevent this price gouging. Other jurisdictions
have regulations enabling an annual rent increase. In
They also have provisions for addit=
ional
rental increases should the landlord do significant work or the rent is out=
of
step with average rents in the area. The B.C. additional rent increases sta=
te:
“23(1) A landlord may apply under section 43 (3) of the Act [addition=
al
rent increase] if one or more of the following apply:
“= (a) after the rent increase allowed under section 22, the rent for the rental unit is significantly lower than the rent payable for other rental units that are similar to, and in the same geographic area as, the rental unit;
“= (b) the landlord has completed significant repairs or renovations to the residential property in which the rental unit is located that (i) could not have been foreseen under reasonable circumstances, and (ii) would not recur within a = time period that is reasonable for the repair or renovation;
“(c) the landlord has incurre= d a financial loss from an extraordinary increase in the operating expenses of = the residential property;
“(d) the landlord, acting rea= sonably, has incurred a financial loss for the financing costs of purchasing the residential property, if the financing costs could not have been foreseen u= nder reasonable circumstances;
“(e) the landlord, as a tenant, has received an additional rent increase under t= he section for the same rental unit.”
We will be proposing an amendment t=
hat
enables
I would like to take some time to j= ust read some more of the comments regarding rent increases. We heard the minister s= tate in his introduction in this Bill No. 51 that it is to reflect the comments = of the people.
Comments include the following: Sho=
uld be
limited to a low fixed percent rate increase once a year; limited to a perc=
entage
— example, two percent or five percent. There also needs to be a perc=
ent
maximum that rent can increase in a year. Rent increases should be once a y=
ear
and, yes, three months’ notice is good. I think there should also be a
limit to what the rent can be increased to. It should work like interest ra=
tes.
There should also be a territorial appraiser; this way people can’t
charge so much for substandard places. If major upgrades are done mid-year =
the
landlord has to be able to increase rent. If not, you’ll have more
buildings in declining condition as no maintenance and upgrades are carried
out. There should be a
There should be a ceiling on the am= ount of rent that can be charged overall for a rental unit and a maximum percentage of w= hat a rent increase can be per year. I think that a dollar a square foot should= be a maximum rental ceiling for a residential unit, and the percentage of incr= ease should be based on a vacancy rate with a maximum increase at the ceiling of= one dollar a square foot. When the maximum rental ceiling is reached for a unit, then no further increases should be allowed. If there are increased costs &= #8212; for example, for water or garbage removal — the landlord could apply = to the neutral board for an increase, and the board could then get input from = both the landlord and the tenant regarding the requested increase.
There should be rent controls so th= at landlords can’t raise rents 20 percent to 50 percent. I have seen this happen too many times. It should be against the law. People have no choices= to find other places to live.
Again, a look at another situation =
—
a person whose name has been out here. Her rent went up twice within 12 mon=
ths
and there was no reason for the increase in rent. General maintenance in co=
mmon
areas were not even being kept up. Once a year can allow people to adjust t=
heir
budgets and their income accordingly. There should be a cap on the increase
— for example, 10 percent.
Number 21 — put a limit on re=
ntal
increase. If not, a landlord could use exorbitant raises to rent as a means=
to
evict a tenant. Limit increase to the cost of living index, but no more than
five percent per year — definitely, once a year should be the maximum=
. A
percentage cap on increases should be instituted — yes, and only a sm=
all
percentage. The limit in
Three months’ notice should be maintained. A percentage minimum should be in place and a ceiling for incre= ases — yes, rents are crazy around here. I realize the government can̵= 7;t easily legislate prices, but they should have a hand in making sure people = are not being gouged. There should also be a limit on the percentage by which t= he rent can be increased.
Another person says, “But onl=
y in the
amount of inflation for that year.” Another says, “And within
reasonable limits — rent shouldn’t double simply because someone
moved out.” I have a few more: “Need to have increase justified,
like renovations, et cetera, because right now you can have a $100 increase
with no reason.
I have more — and these are
Yukoners’ comments.
I have five minutes. Well, I’=
ll pass
a few of these on to my colleague after I get through some more: Just after=
one
year, landlords should file increases with the landlord and tenant office a=
nd
justify the increase based on increases in expenses. The needed maximum rent
increase is tied to inflation as well — $400-plus a month rent increa=
ses
are criminal. This person says that they are capped at a fixed percentage. =
The
next person says this is crazy, once a year limit — how much? If they=
use
that once a year to jump the rent $500 a month, once a year is an encourage=
ment
to jack those rents as high as you can. You are wrong about most jurisdicti=
ons
— do not allow rent increases in the first year of tenancy and allow =
only
one rent increase per year. In most jurisdictions, the landlord justifies h=
is
request for increases and the amount of the increase is an application to t=
he
board. Greed is king, and in the
There are more. I do agree that in = an altruistic world we wouldn’t need to have any increases. With fair, responsive landlords and tenants, when it’s fair, it’s fair. But what we’re speaking to is that this is not always the case. In all fa= irness, I’m certain that landlords who have these capital expenditures and who know they are putting out this money — it’s not unreasonable an= d to be able to have the opportunity to do so in these cases to rent beyond two percent or a fixed cap is part of this act that we look forward to amending= . It would allow people not to be gouged and would ensure that eviction without cause or reason could be eliminated.
I would like to hear more and I look forward to line-by-line when we are in Committee of the Whole to be able to= explore some of these comments and listen to what everyone else has to say as we mo= ve forward.
Hon. Mr. Dixon: Thanks to members for their comments today in second reading on this bill that’s before the House to effec= tively repeal the old Landlord and Tenant Act and replace it with a much mo= re modern piece of legislation. I would of course like to commend the Minister= of Community Services for her leadership on this particular file. When it come= s to modernizing fairly archaic pieces of legislation, we have a lot of work to = do in this territory, but this is an excellent step forward.
What I think it speaks to is the im= portance of housing and taking action across the housing spectrum to benefit Yukoner= s; not just individual Yukoners but the entire territory, as well as our econo= my. As we know, it’s integral to have a certain supply of housing to allow for growth of our territory and its economy.
Housing was a fairly substantial is=
sue in
last year’s election in which all members of this House were a part. =
It
was during the election that we unveiled our platform, which included a num=
ber
of initiatives that we had planned to address that challenge.
Of course, this is one of those initiatives: the Residential Landlord and Tenant Act that’s be= fore the House currently, but it’s one of many that we proposed in our platform in 2011.
If I could, I would like to speak a= little bit about this act, how it fits into our overarching plans for addressing challenges of housing in the territory and a little bit about some of what = we have heard today.
I’ll start by noting some of =
the
excellent commitments that were made last year. We committed to invest in
second-stage housing for Kaushee’s Place in
We committed to implement the
recommendations of the Select Committee on the Landlord and Tenant Act=
i>
to modernize legislation, which is precisely what we’re discussing to=
day,
and we committed to working with First Nations to make their land available=
for
residential development.
We also committed, very importantly= , to modernizing legislation related to the land titles process to utilize technology and improve the timelines of transferring land titles. I will shortly speak to that initiative that is undergoing already under the stewa= rdship of the Minister of Justice.
Of course, we committed to work with
municipal governments to make land available. We committed to work with the
City of
I think it’s worth looking ba=
ck at
how much we have been able to do in such a short period of time. Certainly,=
the
Residential Landlord and Tenant Act=
that’s
before the House currently is certainly an example of that. A lot of work g=
oes
into drafting legislation and for such a fairly comprehensive overview that=
was
done in this case, I have to admit I am amazed by the ability of the Depart=
ment
of Community Services and the staff therein to do such work in such a perio=
d of
time. It’s fairly remarkable that they were able to do this work and =
have
it before this House for this fall sitting.
I’d certainly like to commend= the staff who worked on this bill in the Department of Community Services, under the leadership of the Minister of Community Services.
Since taking office, we have taken =
a number
of other steps toward meeting the goal of implementing our platform and som=
e of
the commitments I just mentioned. I would like to mention a few of those. I
think, in a general sense, they fall under sort of three categories. There =
are
bricks and mortar initiatives, where government actually, in some cases, bu=
ilds
or helps to build or finances a building of actual facilities. There are po=
licy
and programming initiatives that can be undertaken by government, and then,=
of
course, there are legislative initiatives, and this is most certainly an
example of that — that third category. In terms of making housing ava=
ilable
for Yukoners, an important aspect of that is making land available for hous=
ing,
and making land available for Yukoners to have access to. On that subject, =
we
have had a considerable amount of success. The Minister of Community Servic=
es
this year opened up a number of available lots in the new Whistle Bend area=
in
Over the last few years, closer to = home for me but in the riding of the MLA for Whitehorse West and the Minister of Com= munity Services, the Ingram area has seen considerable development and an increase= in the supply of housing in that area.
The Yukon
On the legislative front, we have t=
he Residential
Landlord and Tenant Act before us today, but the Minister of Justice is=
continuing
to undertake a comprehensive modernization of the land titles process to al=
low
the transfer of land titles from individuals to each other. An internal rev=
iew
was completed and immediate solutions were implemented to increase the leve=
l of
service. That’s work that is ongoing already.
Of course, more work is going to be
underway to examine and improve all aspects of the land titles regime.
That’s a very important aspect of our economy in the territory. When =
we
conducted our study of the knowledge sector earlier this year in collaborat=
ion
with CanNor, the
Now, as we know the real estate ind=
ustry is
a fairly prominent one in the territory and an important aspect of our econ=
omy.
One of the ways that we can judge its success is looking at some of the
statistics around it. As we know, the Yukon Bureau of Statistics first
undertook the
All single and multiple residential
property transactions, as well as commercial and industrial property sales,=
are
included in the survey. The most recent that I’m aware of is of course
the second quarter of 2012, which was published fairly recently. It notes t=
hat
there was $94.7 million in real estate transactions in Yukon
Condo sales reached a record high o=
f 80
transactions. That’s evidence of a robust industry and one that has
substantial potential for continued growth. The Yukon Bureau of Statistics =
also
reported there were 11 sales of industrial properties, totalling $3.65 mill=
ion,
in the second quarter of 2012, and there were 215 total real estate
transactions in
Over the past five years, the second quarter average number of total sales was 166. I think those statistics giv= e us a bit of a snapshot of that industry. I’m sure that will improve as we continue to make improvements to the land titles regime in the territory. A= s I said before, quoting the author of the knowledge sector study, an effective land titles regime is the grease of the real estate economy.
In terms of some of the more
bricks-and-mortar style accomplishments in housing, Yukon Housing Corporati=
on
and the federal government are funding a new building for the Options for
Independence Society to provide safe, affordable housing and support servic=
es
for vulnerable and often homeless Yukoners.
The expansion will provide 14 new h=
ousing
units for clients living with fetal alcohol syndrome and fetal alcohol spec=
trum
disorder in
Earlier this year, the Minister of = Health and Social Services announced that, in partnership with the Skookum Jim Fri= endship Centre, a new emergency youth shelter is opening in downtown Whitehorse in a larger location that is more suitable for youth. Skookum Jim Friendship Cen= tre will provide the shelter services while continuing to provide its youth outreach program. So that was a very substantial and important announcement made by the Minister of Health and Social Services earlier this year.
The government continues to provide=
support
for single-parent families. There was a coordinator position at the 32-unit=
So I know that was an important ini=
tiative
undertaken by this government, and I’m happy to say that I’m ve=
ry
supportive of it. Of course, we heard the announcement from the minister
responsible for Yukon Housing Corporation that he’s pursuing a program
aimed at providing assistance, at least, for low- to moderate-income Yukone=
rs
to attain home ownership. Of course, those kinds of initiatives not only
provide support to those low- to moderate-income Yukoners, but it also gets
them into home ownership, which, of course, further supports, as I noted
earlier, the real estate industry. It’s hoped that program will recog=
nize
the unique circumstances in
Of course, earlier today, the minis=
ter
tabled the stakeholders presentation for the Yukon Housing Corporation̵=
7;s
draft strategic plan.
I know that in that presentation th= ere are a number of other initiatives that are considered.
So, as you can see there are a numb=
er of
initiatives that have been undertaken already by this government in the bri=
cks
and mortar, the programming and policy, and a legislative front. Of course,=
I
would be remiss if I didn’t point out and appreciate the successes th=
at
we’ve been able to have so far. As the minister noted, he has had a
number of accolades on his work so far, including from an NDP MP from
I would note that in the response t=
o the
letter, the minister responsible for the Yukon Housing Corporation noted th=
at
our approach has been one of open discussion and understanding with both the
Government of Canada and our provincial and territorial colleagues. Through
this approach, we have been able to secure and utilize funding programs to
address the housing needs of Yukoners. The Government of Yukon will continu=
e to
take a proactive approach based on dialogue and open communication.
I’d like to again commend that
minister for his work, as well as turning back specifically to this piece of
legislation. I look forward to hearing debates in Committee of the Whole. I=
do
have to respond to some of what I’ve heard today and I’ll do so=
in
very short order, because I know my time is elapsing quickly. I would note a
few of the comments from the NDP on this bill. On November 9 this year, the=
Whitehorse
Star ran an article that quotes the Member for Takhini-Kopper King call=
ing
the new Residential Landlord and Tenant Act “110 percent bette=
r”
than the current legislation dating back to the 1950s.” To further qu=
ote
that member: “People are really happy.”
As you can see, not only Yukoners b=
ut
people across
I will quote him again on November =
8 in
Question Period: “The people in attendance — tenants and landlo=
rds,
including representatives of a First Nation housing department — said
there are many good things in the act. We agree. It is a major improvement =
over
the current act.” Again, I’d like to thank that member for his
support as well, but I have to admit that I am a little concerned hearing s=
ome
of the comments from those members flopping back to another side where they=
say
they want to amend the act to include rental controls, which is a disturbing
thought. As we’ve seen around the world, rent controls have had a
deleterious effect on housing supply, housing quality and housing condition=
. It
is basically a regressive policy that has been proven throughout the world =
to
be ineffective. Rent controls — whether in post-war
I would note that a very similar co=
ndition
when it comes to our housing market exists in Saskatchewan and initiatives =
have
been raised by the opposition there — the NDP — to implement re=
nt
control and of course the government and the Chamber of Commerce there have
been united in rejecting those calls.
I will quote from the Saskatchewan =
Chamber
of Commerce: “Rent control has a long history in Saskatchewan
So, Mr. Speaker, if the members int= end to provide an amendment to this bill that smacks of rent control, I’ll be forced to vote against it, unfortunately. Once again, I would like to comme= nd the Minister of Community Services for her work and commend this bill to the House.
Ms.
Hanson:&=
#8195; Mr. Speaker, I =
rise to
speak to this bill. As my colleagues have already expressed, the Official O=
pposition
finds much in the bill that we can and do support. I also come at this from=
the
perspective, as have several members opposite and the experience of one of =
my
colleagues here — from having had the experience of being a renter, a
landlord, a homeowner and back now into the experience of moving into my ri=
ding
and being a renter. I can tell you, Mr. Speaker, that it is a daunting
challenge in the City of
I just wanted to make a comment. I =
find it
disturbing and uncomfortable to hear the blatantly negative and partisan re=
marks
that are being made with respect to the position of the NDP somehow as being
against this bill. What the NDP has attempted to do in this debate is to ra=
ise
the voices of Yukoners, and I would point out to the Member for Copperbelt =
that
it was not as a result of a Yukon Party platform that their Landlord and=
Tenant
Act came to be reviewed. It was nice to see the Yukon Party finally mak=
ing
a commitment to this in their platform, but it really debases the very fact
that this legislation came to this Legislative Assembly as a result of the
unanimous consent of this Legislative Assembly. That means that all parties
recognized the absolute need for a unanimous and non-partisan appreciation =
of
the fact that both landlords and tenants were dealing with an antiquated pi=
ece
of legislation.
When we say that it’s 110 per= cent better than it was, that’s scant praise. Members opposite have recogn= ized that it was a very poor piece of legislation, which protected neither the i= nterest of landlords nor the interest of tenants.
There are partisan digs at the NDP =
that are
attempted by quoting from a member of the Official Opposition in
I applaud Ms. Morin in her positive comments toward the minister and toward the efforts of this government, but they are not enough. We know that, because we are living with the reality today.
When we raise the issues that we do=
when we
talk about the potential of taking an incredibly good start in terms of the
work that has been done to date to improve and when we make suggestions abo=
ut
improving the legislation that’s before us, we’re doing this not
because it’s NDP logic, as the Minister of Justice would suggest in h=
is
attempt to deride the comments made by us. These are concerns brought forwa=
rd
to us and to this Legislative Assembly by citizens. One of the citizen grou=
ps
that spoke most strongly about a couple of these areas that we feel so stro=
ngly
about was the Yukon Anti-Poverty Coalition. When we talk about eviction, the
Anti-Poverty Coalition said in their submission — and I think their v=
oice
needs to be heard because somehow it’s getting lost here — that
termination of a tenancy by eviction is the biggest fear or risk for tenant=
s.
The Anti-Poverty Coalition used a reasonable approach in their attempt to get their voices heard. The Anti-Poverty Coalition is an umbrella organization of many non-government o= rganizations and many individuals who are committed to social justice and economic justi= ce in this territory, and who have, over the years, worked tirelessly to come = up with housing options, including rental options, for Yukoners.
The Anti-Poverty Coalition was clea=
r that
eviction without cause is not acceptable. Eviction with spurious cause is
equally unacceptable. They did say that the cause must be substantive, and =
they
gave some examples. You don’t see that reflected here. Perhaps the
members opposite, inoculated as they are by their locked doors, don’t=
get
people coming to their doors, walking into their offices and saying,
“Help, I’ve just been evicted without cause.” When you pry
back into the story, there’s validity to too many of these stories.
Because they have to get past that door, perhaps they don’t get the
individuals coming in or phoning in desperation because they live in Copper
Ridge and their rent has just been doubled. So they find another accommodat=
ion
in Riverdale. When they get there, with their little kids in tow, the place=
is
covered in black mould. They’re told by the landlord, “Too bad,=
so
sad. Take me to court.”
Mr. Speaker, these are unacceptable conditions to be putting young families — working families — in= and those are the experiences of people coming into our offices weekly. When we raise these concerns about eviction without cause, we’re reflecting t= he voices of Yukoners. These are not partisan NDP positions. These are based on the experiences of our friends, your friends, your neighbours, and they sho= uld be taken seriously, and they should not be ridiculed.
As the Anti-Poverty Coalition said, “Landlords should certainly have the right to evict tenants for reasons…but the Act should clearly stipulate a requirement…R= 21; when they’re going to evict people. Their “…basic point= 8230;” was “…that cause must be spelled out in order to offer clarity = to the tenant and the landlord. = There must also be due process laid out in the legislation that the landlord or t= he tenant can follow.”
If the process is not followed, the= re must also be repercussions laid out in the legislation so that every party is cl= ear on their rights and responsibilities. Nobody is saying that all tenants are saints or that all landlords are victims — that’s not what we’re saying. We’re saying that there needs to be balance. That’s what Yukoners have said over the course of the last three or f= our years as they have waited for this legislation — waited patiently for this legislation. We’re not suggesting delays. What we are suggesting= is that there are reasonable accommodations to be made and reasonable amendmen= ts that could be considered by this Legislature that should be considered.
The other area in which we have rai=
sed some
concerns — and we’ve cited numerous examples of people who put =
in
their comments, as they were asked to by the government, in terms of the op=
en
consultation this summer — the on-line consultation. They submitted t=
heir
comments in good faith, thinking that they would be taken into consideration
— that, in fact, there should be some way of addressing the whole iss=
ue
of how rent increases are managed. The Minister of Environment has jumped to
the conclusion that rent controls are what we’re suggesting. ThatR=
17;s
not what we’re prescribing; that’s not what we have suggested. =
What
we have suggested is that there needs to be a reason, a rationale, and an
ability to avoid price gouging.
When we see — as we have seen= in this city — people’s rents doubled, there is something wrong with the system that allows that. You need to have a creative mind, and if you only = have one thing in your head that you call “rent control”, that’= ;s unfortunate. There are other approaches and there are other approaches that work in other jurisdictions. I’m hopeful the minds and the will and spirit of this Legislative Assembly, which three years ago this month agree= d by unanimous consent to deal with this pressing issue of renewing the landlord= and tenant legislation in this territory, will have the creativity to actually = look at these remaining few issues.
I’m not going to go on at len= gth. We’ve made it clear that we think this is a good piece of legislation= . It has many things we do support, but there are several areas in which we do w= ish to engage in constructive dialogue in terms of seeking the amendments that = will achieve the kind of equity and balance that is so important for all involve= d in this dialogue between landlords and tenants. Both need to be protected.
There’s one important area I =
wanted
to point out in terms of one I think that is significantly important, and
it’s the importance of the application of this legislation to the kin=
ds
of accommodation that the most marginalized and the lowest income people in
this territory face, and that’s those people who are forced to live in
hotel accommodations.
Now, the Minister of Health and Soc= ial Services has walked with me and seen the conditions that some of those are in when we have people living in basement suites — that we as taxpayers pay $800= or $900 a month for, without windows — that’s substandard housing; that’s substandard accommodation. I’m pleased that this legisla= tion will now apply to those forms of accommodation and that we can then begin to look at the kinds of conditions we expect our fellow citizens to live in. <= /span>
So there is much to be recognized i=
n terms
of the achievement that has been made in bringing forward this legislation,=
and
we believe that there is positive room for some positive amendments that wi=
ll
make this legislation the best piece of legislation. As Yukoners, and as the
Yukon Legislative Assembly, we desire to serve
Hon. Mr. Graham: I was really pleased to hear the Le= ader of the Official Opposition speak about balance, because it was one of the things I noticed throughout everyone else’s speaking points on this s= ide of the House and how balance was so important in this piece of legislation.= The fact that we’re conferring rights on landlords brings with it certain responsibilities for those landlords, in the same way we’re conferring rights on tenants — it also confers these responsibilities on tenants= . I think that’s something that we shouldn’t lose sight of here: th= at with these rights come certain responsibilities.
I’m really happy to see that =
the
legislation was written in plain language, as most of the other members have
stated here, because without that I don’t really understand it that w=
ell.
I think one of the most important things that was said during any of the
speeches that I’ve heard here today was a point made by the Minister =
of
Community Services, and it was that one of the principles here was to foste=
r a
healthy private rental market that protects the interest of both tenants and
landlords.
That’s a very important princ=
iple
because, as I’ve said in previous debates in the Legislature, the
One of the things I haven’t h=
eard
anybody else say here today was thank you to the City of
Planning in many cases has increase= d the number of multiple unit lots and they’ve increased the number of lots across the city, but more importantly it’s something that we never saw before where the city opened lots that were set specifically for duplexes, triplexes — four and even eight in some instances. They have done a l= ot. They also did it while I was there as well, so I’m going to take some credit for it. We also included things like granny suites. That was somethi= ng that wasn’t included previously and it is something that really helped the rental situation in the city. As well, tiny homes were defined and allo= wed in certain parts in the city. I think those kinds of things really increase= the rental supply in the city, but not only that, they brought in a whole host = of new landlords. In my experience going through this legislation they brought= in a whole host of new landlords who weren’t involved in the preparation= of this legislation and that to me was really important — it’s rea= lly unfortunate that they weren’t involved, because I think their input w= ould have been very important.
Again I speak about balance, and I = almost thought a number of us had co-written these speeches because I’ve hea= rd many members here talk about balance and how important it is that both land= lord and tenant respect and agree on the condition of the rental housing unit be= fore signing their agreement. That’s something that has never occurred bef= ore and I think that’s very important. They will then have to do another inspection at the end of the tenancy agreement to once again determine, in = tandem, the condition of the unit and, if damages have occurred, how it will be compensated.
I also see that security deposits a=
re
clarified and I think that’s very important. Tenants will also be abl=
e to
collect interest on those security deposits now, and that was very good.
It’s also important that no longer will first and last month’s =
rent
be required when you first move into a unit. That was one thing that was a =
real
detriment to people taking rental housing when they had to pay the first mo=
nth,
the last month and the damage deposit all at one. It was really difficult f=
or
them to come up with that amount of money all at the same time.
Again, a balance is what I’m = talking about. Interestingly enough, when I listen to the Member for Takhini-Kopper King, she commented on the fact that only 38 percent of the respondents agr= eed that one month was sufficient time for a person to be evicted from their re= ntal accommodation. But I think that it’s important that 55 percent agreed that two months would be okay. That’s what the term was set at: two months’ notice. And yet, to end a tenancy, 88 percent of the people in that group agreed that one month was perfectly acceptable and no cause was needed for a tenant to end the rental agreement. So again, balance. You nee= d that balance. If it’s good for one, it should be good for the other.
To me, having a tenant evicted with=
out
cause is a bit of a red herring, because if somebody wants to evict a person
badly enough, they’ll come up with a reason. The fact that the time w=
as extended
from one month to two months was a positive thing, to my mind.
I just thought it was interesting t= o see the difference in numbers and it was very interesting to me to note that probably the vast majority of these people were renters. We weren’t h= earing from that huge group of people out there who are living in their home with maybe a little apartment downstairs or a granny suite on the side. <= /p>
I think it’s very important t= hat I say at this time that the minister deserves a great deal of credit for main= taining that balance, especially when it comes to the issue I was just talking abou= t. The legislation is also very well balanced in the area of condo conversion = and mobile home changes by requiring the time frames to be extended to six mont= hs and 18 months. I think those time frames for notice are reasonable and fair= under the circumstances.
I also liked the idea of the reside= ntial tenancy office. By administering the legislation, they’ll be able to provide information on the rights and responsibilities of both landlords and tenants. They’ll be able to provide that advice and support to all th= eir clients. Again, I emphasize both landlords and tenants will be able to take advantage of that advice, but more importantly they’ll be able to hea= r and settle disputes. It’s very important that they are able to make bindi= ng decisions and orders on both parties. It’s also really important that= the only things that will be able to be taken to the Supreme Court are errors in law, not the amount of compensation or the order itself. That won’t be able to be taken to court; those things will be set. The only thing that wi= ll be taken are errors in law. That’s kind of important to the whole process.
As I sat and listened to the member= s’ opposite suggestions for change to the bill, I was struck, and that was why= I was very happy to hear the Leader of the Official Opposition mention landlo= rds a couple times as well. I felt that there was a certain slant being proposed = by some members opposite and that slant was to only deal with tenants. That’s why I keep reiterating how important balance is — balance between landlords and tenants. I’ll be really interested to see the recommendations come down during Committee of the Whole and be able to disc= uss some of those recommendations because, like my friend behind me here, I don’t agree with rent controls. If the members have alternatives to r= ent controls, I’ll be interested to hear about them, but rent controls themselves have proven over and over and over again they don’t work.<= /span>
I was also interested in hearing th=
at only
the landlords who were gouging and who provided unsuitable housing didnR=
17;t
meet minimum standards and things like that. We never heard once from any of
the members about tenants who destroy property; tenants who have loud parti=
es;
tenants who do a myriad of other things — and that actually happens. I
was going to say that I have never been a landlord so I wouldn’t know
what it’s like to come home to a property that I own that was destroy=
ed,
but that wouldn’t be exactly true because I am a landlord. My mother =
has
lived with me for 15 years in an apartment. I don’t think she has
squawked once about the rent that I’ve charged her in those 15 years.=
I
know I haven’t given her 24-hours notice ever when I go down to visit
her, so I’m going to have to change my habits in the coming months on=
ce
this legislation is passed.
It was an interesting comment. Over= and over we hear about the gouging landlords, about the terrible landlords, and= we don’t hear about the tenants who are difficult to landlords too. What= is the response if those tenants are doing all of those things that they do? Landlords really don’t have any alternative except to evict. It is unfortunate but that sometimes does happen.
In closing, I believe that this is = a good act. It’s not perfect. We’re seldom in that position where we bring = in perfect acts, but I think it’s a good act. I think there are some oth= er things we’ll be able to do in regulation — one of which is the = minimum standards for rental accommodation. We’ve had discussions with Health= and Social Services and Community Services on that issue because the Health and Social Services department through our legislation will probably have to enforce any regulations that are brought in which will determine what minim= um standards will be.
I was glad to hear the Leader of the Official Opposition talk about long-term stays, hotels, and motels because = that was also a great concern of mine. I brought that forward to the minister an= d, to her credit, she made sure that when the legislation was brought in, we w= ould be able to deal with long-term stay hotels and motels as if they were rental accommodations; they would not be excluded. That will be done through regulation. I have the minister’s assurance that those regulations wi= ll be brought forward and discussed thoroughly in a public setting before we implement them. With those assurances from the minister and with the act he= re in front of us, I think it’s a fairly good act. It has my support. It will treat tenants and landlords equally, and I think that in most cases that’s more than an adequate statement in itself.
I thought it was interesting that t=
he
Member for Southern Lakes said that it doesn’t follow Canadian best
practices. Well, Mr. Speaker, I’m here to tell you that it does. There
may be one or two things that the opposition would like to have in it that =
have
been left out, but other than that, this follows Canadian best practices. I
think it’s an excellent job, an excellent compromise and an excellent
balance done by the Minister of Community Services and I commend her for th=
at.
Ms. Stick:= 8195; I thank everyon= e for their comments today. I think the select committee that brought this and the recommendations forward did a really good job at looking at the whole of the old, outdated and wordy act. I congratulate the staff who have worked on th= is new one. I support this act; I do have concerns in some areas.
I think I’ll first talk about
Riverdale South. It is quite a mix of people who are living in the homes th=
ey
built 30 or 35 years ago and who are still in the same home. So we have that
group of people. There are five different apartment complexes, for a total =
of
nine apartment buildings in Riverdale South. They range from lovely
accommodations and landlords who care and work hard to maintain their build=
ings
and have good tenants, to the other extreme, where I wouldn’t want an=
yone
I know to live. It’s interesting the minister across the way brought =
up
how there are bad tenants.
I think it’s actually some ki= nd of relationship, where really bad housing brings really bad tenants, whereas if you provide a nice place and take care of and treat your tenants well and m= ake it a secure place, you’re going to attract good tenants.
I see some of the places that are b= elow standard. You just look and you know. You can smell it. You can see it. It’s in= the hallways. It’s in the insecure doors. Part of that is because landlor= ds don’t care. They might not be caring who they rent to, either. But I = also see young families struggling in those same buildings. I see seniors trying= to live in those buildings and trying to maintain some kind of dignity in a pl= ace that really does not afford that, while paying huge amounts of rent —= ridiculous amounts of rent.
So I know there are bad tenants. I&= #8217;ve met them when I’ve gone door to door. I know they’re not the greatest. There are good tenants, too. It’s the same for landlords. T= here are good landlords.
Some Hon. Member: (Inaudible)
Ms. Stick:= 8195; What did I say = there?
Speaker’s statement=
Speaker: Order. Direct your comments to and through the Chair please. =
Ms.
Stick:=
8195; Sorry. There ar=
e bad
tenants. There are good tenants. There are bad landlords. There are good la=
ndlords.
I’ve also seen in our area =
8212; my
riding — a lot of condo development. We have
We’ve got suites in private h=
omes; we
have garden suites; we have people renting rooms in their homes to individu=
als.
There is quite the gamut — quite the cross-section. The minister resp=
onsible
for Yukon Housing Corporation mentioned the single-parent family
I think there is something to be sa= id for a program or a staff position that works with people on becoming good tenants= . I think Blood Ties has offered a pilot program along those lines, and I think that’s a good thing because sometimes people going out on their own f= or the first time don’t understand the rules and don’t understand = what their rights are. I think this new legislation certainly addresses the righ= ts and the responsibilities of landlords and tenants, and it’s very clea= r, and that only has to be a good thing and helpful to all people.
I too am concerned about the no-cau=
se
eviction section. We talked about balance in this act, but you can’t =
deny
that the landlord and tenant relationship is not an equal one because the
landlord ultimately — if they were to give eviction without notice
— can put people at risk of homelessness, especially in this time when
there are just so few rental units available. It is a fear that people have.
They do not feel secure in their home. It’s where they live — i=
t is
their home.
It’s an inherent imbalance. S= omeone does have more power in this relationship and, you know, we’ve talked about this in the House that housing has been recognized as a human right. = So maybe instead of saying that we get rid of — I heard the Minister of Justice say that, well, tenants don’t have to give a reason, so let’s put it in that way then. Tenants have to give a reason why they’re leaving and landlords have to give a reason why they’re being evicted, if you want. It’s just an option; I’m just think= ing outside the box. You know, people have legitimate reasons for leaving, and = they give notice: I’m moving; I bought a house; I’ve got a better apartment; I’m getting married — who knows. It’s just a different way of looking at it, if you want that balance. It’s just a suggestion.
I’m very pleased about the mi=
nimum
rental standards because I’ve seen substandard and it’s sad that
people have to live in those kinds of situations and pay for it. I’m
really happy about security deposits and damage deposits and that those are
clarified and that there’s a way that it just doesn’t automatic=
ally
go, for some landlords, into their pocket.
Too many times I’ve had peopl= e come and say that they cleaned it. The carpet needs cleaning, but they have lived there for three years. Or they say: “The landlord’s told me it needs a paint job, so I have to pay for it because I’ve lived there f= or this long.” Therefore, they don’t get their last month’s back, they don’t get their security back, or they don’t get any= of it back. Too often, I’ve heard of people having to pay first and last months’ rent and then when they give their notice, they still have to= pay another last month’s rent and maybe they get the other back. <= /p>
These are the people I hear from in= my office who come in and say that not only are they not getting their last mo= nth and security deposit back, but now they have to pay for the next place.R= 21; It makes it difficult. They can’t afford it. It’s a lot of mone= y. So I’m glad that’s in there. I’m glad it’s clarified that there are forms and that there are ways to look at what is.
I hope the regulations are clear on= what normal wear and tear is, because we all know that we need to paint every now and then. We need to replace carpets. We need to fix things in our homes. It’s just ongoing and it’s normal wear and tear, but it shouldn’t be a burden for the tenant to take on.
I’m very pleased that the min= ister across the way spoke too about looking at long-term hotel rentals. The piec= e I worry about in that particular bit is that often people — marginalized folks — who live in hotels often face, come summertime or tourist sea= son, increases in their rent. It’s just automatic. Summer is here; here go= es your rent and it has gone up, not always to go down again. So I am curious about that and wonder if maybe the regulations might be able to address tha= t in some way, because this is their home. I have a few friends whom I’ve = met over the years who live in a hotel room. That is their home. It’s not= the greatest; it’s not where I would choose to live, but they like it and they’re happy there. But they are always facing the seasonal increase= s in their rent.
Timelines I am happy with. Dispute resolution I think is so important and I look forward to seeing the regulat= ions around that. Too often, people feel that there are just too many barriers t= o be able to take a landlord or a tenant to court. It costs money; it costs time; and for many people it’s just a barrier. As soon as that is their only option, they stop and, so they might not receive fair treatment or their la= st month’s rent back. I’m glad that that is available and that the= re will be an office that people can go to and get advice, whether they are a landlord or a tenant, or have questions answered as to what is happening in their lease, or is this fair, or is this right, because right now they don’t. The information available to people is very minimal and people= try but too many people are just not getting the help they need.
I don’t have much more to say= . I certainly look forward to going clause by clause through this. I know we ha= ve some amendments that we would like to bring forward and I look forward to a good discussion about it, but I do support this act and again thank the minister for bringing that forward.
Ms.
McLeod: I’m really pleased that we are
speaking to Bill No. 51, the Residential Landlord and Tenant Act, to=
day
and my thanks to the Minister of Community Services and of course her suppo=
rt
for bringing this legislation forward. It has been waited for for a long ti=
me
and I’m sure that, overall, people are going to be very pleased.
It has been a long time since I was= a renter and I’ve never been a landlord, but I am a homeowner. I do, however, know a lot of people who are landlords and who are renters and, fr= om both sides, there has always been some angst on how best to get along with = that kind of a relationship, so I’m really pleased that this new legislati= on spells out for both parties their obligations and their rights. I really li= ke the bit about having written tenancy agreements; I’m a very paper-bas= ed person and I just think that’ll make everybody’s life so much easier.
I did, of course, talk to some of my constituents about this upcoming legislation and some feel that it doesn’t quite go far enough to protect the landlord. I think thatR= 17;s an important aspect, while we’re encouraging people to get into this = market and to open up rental units. Personally, I don’t believe that the landlord should ever be expected to subsidize rental housing, but I think t= his bill does strive to achieve a balance between renters and landlords. As it = has been stated by the Minister of Community Services, it’s a living document.
So there has been a lot of discussi= on today about the ability of the landlord to evict tenants without notice. I’m really happy to see that this new act will still allow the landlord to make decisions on their own property. If someday they wake up and they decide, “I don’t want to be a landlord any more,” they shouldn’t have to justify that to anybody. I know that perhaps that’s not one of the scenarios that has been considered, but there a= re a lot of reasons for somebody wanting to evict a tenant and not always becaus= e of the tenant’s issues.
I like this. Going back to the prev=
ious
speaker’s comments about all things being equal, perhaps all things b=
eing
equal is that neither side has to give a reason for a severance of their
relationship. It works between the rest of the population.
I want to talk a little bit about t=
he
housing situation in
It’s a difficult thing to be =
a renter
in a small town. Once you get a reputation as being an undesirable kind of
renter — good luck. You just aren’t going to find anything
anywhere. I, of course, raised two children in
Now, I understand that if you’=
;re
happy enough with no heat and the standard is wood heat for that unit and
you’re okay with that, then that’s great. That works for everyb=
ody,
but in a climate like ours when it’s reasonable to expect that there&=
#8217;s
some heat then by golly, there should be.
One of the things that is a little = bit concerning for me and for some people I have talked to is the one amount fo= r a security deposit or whatever we are calling it. There are so many landlords= who get left on the hook at the end of a tenant-landlord relationship for either the empty fuel tank or the people who run out on the last month’s ren= t or the damages that are left. Quite frankly, I just don’t agree with that portion of it, but it really is one of the only parts that I do have a prob= lem with. In the spirit of balance and seeing the good things go forward with t= his bill, I’m very happy.
I thank all the members for their c=
omments
and I thank the minister again. I’m really looking forward to seeing
Yukon Housing Corporation go forward with their strategic plans and how that
can benefit rural
Mr.
Hassard: It’s a pleasure to rise and s=
peak
on behalf of Bill No. 51 today. I appreciate all the hard work that the off=
icials
have done on this act. As you’re well-aware, through the Yukon Housing
Corporation, the government is the
Yukoners had opportunities to ident= ify their concerns during the select committee’s nine-month consultation = in 2010. This consultation process invited written submissions or the completi= on of a questionnaire, and it also included public hearings in a number of communities. The select committee sent letter to all First Nations and the Council of Yukon First Nations, offering an opportunity to make comments or raise concerns about the Landlord and Tenant Act.
The results of this consultation we=
re
clear:
Mr. Speaker, the Residential Lan= dlord and Tenant Act replaces part 4 of the Landlord and Tenant Act and deals solely with matters related to residential tenancies. Yukoners identi= fied some key concerns, including the respective rights and obligations of landl= ords and tenants, security deposits, rental standards, and dispute resolution.= span>
The new act addresses these concern= s and provides a plain language framework to provide guidance and certainty for Yukoners involved or supporting residential tenancies. This clarification a= nd simplifying it, I think, is one of the keys to this act, Mr. Speaker.
The new act applies to Yukon Housing
Corporation as an agent of the Government of Yukon. The corporation operates
under the Landlord and Tenant Act, just like every other landlord, a=
nd
will continue to operate in a manner consistent with the new Residential
Landlord and Tenant Act when it comes into effect.
It is important to us as a governme=
nt that
the Yukon Housing Corporation leads by example in supporting good landlord =
and
tenant relations and rental housing standards. Many of the new provisions
captured in the act reflect best practices across
The corporation provides housing fo=
r many
Many of these clients are single pa=
rents,
seniors or low-income families, and some of them need barrier-free housing =
or
other supports to live independently. This government recognizes how import=
ant
it is to have safe and affordable housing, and the staff work diligently ev=
ery
day to resolve issues and sustain tenancy for the clients.
Yukon Housing Corporation staff sup= port the clients by providing information and education on the operation of the unit= , tenant relations, services and repairs. All tenants have the support of the Yukon Housing Corporation’s technical team. They can call for assistance 24 hours a day if they are experiencing difficulty in their unit and the staff responds as quickly as possible to reduce the impact on the tenant.<= /p>
It is essential to recognize that a= tenancy agreement is more than a contract between the owner of the property or land= lord and the tenant. A successful tenancy is about the relationship and the communications between the parties. Tenancy relationships are often managed within multi-unit buildings where the health, safety and needs of other ten= ants must be recognized and accommodated. Yukon Housing Corporation, like other landlords, must balance the needs and rights of all of its tenants to ensur= e a safe living environment.
Sometimes balancing tenant safety c= an mean making difficult decisions. Yukon Housing Corporation implemented a no-smok= ing policy last year. This was done to protect tenants from the effect of second-hand smoke and to reduce the damage that it causes to the building. = We are pleased that most of our tenants support this important decision.
With respect to minimum rental stan=
dards,
the details of which we will see in the regulations, our government support=
s a
fair and reasonable approach to ensuring that renters have safe accommodati=
on.
The Yukon Housing Corporation has taken full advantage of the funding provi=
ded
through
Yukon Housing continues to assess i=
ts rental
stock on an ongoing basis and plan repairs and upgrades so that we can make
sure we are offering safe and energy-efficient units to Yukoners using the
program.
As we move forward with the develop= ment of minimum rental standards in consultation with Yukoners, it will be essentia= l to adopt the same balanced approach as we have in the legislation before us he= re today. While we want to see improvements to the rental stock to address saf= ety and energy efficiency issues, we need to be cognizant that an overly aggres= sive approach could result in a reduction in the number of rental units on the market. It is critical, therefore, to approach such requirements for minimum rental standards in a fair and measured manner.
In addition to the costs associated=
with
continually maintaining a rental unit or upgrading heating systems, floorin=
g,
appliances, et cetera, landlords often have to bear the cost of damage to t=
heir
property. As a landlord, Yukon Housing Corporation is unfortunately all too
familiar with the costs associated with the damage to a rental unit. A
significant portion of the corporation’s maintenance budget goes to
repairs for damages each year.
For example, one of the Yukon Housi=
ng
Corporation’s units was damaged recently and costs to repair that sin=
gle unit
are estimated at approximately $100,000. Damage can also result in a unit b=
eing
out of service for months, creating significant hardship for landlords and
further reducing the vacancy rate. Many
Under the Landlord and Tenant Ac= t, a tenant can apply their security deposit to their last month’s rent. T= his means that where there is damage to a unit or property, the landlord might = be left without any deposit to use for repairs. Under this new act, the landlo= rd will hold the deposit until the move-out inspection is complete; then this money can be used toward repairs of damage and during the tenancy period, it acts as an incentive to tenants to treat the rental unit with respect.
It is important to remember who we = are trying to serve with rent-geared-to-income programs. Yukon Housing Corporat= ion’s social housing programs are in a place to serve those who need financial assistance to provide safe and healthy accommodation for themselves and the= ir families. The social and seniors social housing programs involve a fairly vigorous ap= plication process where the household income, assets and other factors are considered. Applicants whose incomes fall below the housing income limits set by the Ca= nada Mortgage and Housing Corporation are eligible for social housing. = p>
Tenants pay 25 percent of their hou=
sehold income
for rent and heat. When a person’s circumstances improve, and we hope
that they do, we need to find ways to help them progress to the private hou=
sing
market. As the regulations are developed, government will seek input so that
this provision is used appropriately. The Yukon Housing Corporation will
develop operational policies to support the transition to market housing. In
fact, we are already looking at new complementary programs to help our clie=
nts
and other Yukoners find appropriate housing options.
Another area of the act we are extr= emely pleased with is the approach to dispute resolution. Community Services will= be putting together a new residential tenancies office that will provide public information materials, dispute resolution services, and it will also make binding decisions under this legislation.
As I mentioned earlier, successful tenancies depend heavily on the landlord and tenant relationship and on the communications between the two parties. Sometimes this relationship needs support, and sometimes the tenancy needs to end. It is critically important that the rules around ending a tenancy are clear and fair, and I believe th= at this new act supports both of these values.
With social or staff housing in all=
We are excited about the new dispute resolution process that will be available once the new act comes into force= . It will be available to either party, and the director will be able to issue orders that help resolve issues before the tenancy relationship is at risk.= We believe that all landlords and tenants will benefit from this support. For = the Yukon Housing Corporation, the new process will resolve any perceptions of conflict of interest and will support quick resolution of issues. On occasi= on, this may include eviction, but we believe in the fairness of this process.<= /span>
I would like to thank all the staff= in the Community Services department, who have worked so hard to bring this legisl= ation forward in such a short time.
There has been quite a bit of conve=
rsation
this afternoon around the mention of rent control and people quoting Yukone=
rs
and that people have requested rent control in this Residential Landlord and Tenant Act.
I would like to just very briefly c=
omment
on why I don’t think rent control would be so good for Yukoners. The
first is that rent control sets a disturbing precedent for government
involvement in private sector investment; there is the cost to taxpayers; a=
nd
it increases bureaucracy and fosters an environment for confrontational
relationships between landlords and tenants. Secondly, the stigma of rent
control may discourage potential investors in the
I’m very happy with the balan= ce of the rights between the landlords and tenants in this act and I don’t think it should be amended in any way to include rent control.
In closing, I would like to once ag=
ain
thank the staff in Community Services. They’ve done a great job here =
and
I look forward to seeing this bill come into effect. Thank you.
Hon. Mr. Istchenko: Before I go on, I would like to not= e that there is a wonderful long-time Yukoner who listens to the deliberations in = this House. One of my fellow colleagues is her son and she informed him that I s= ay “Mr. Speaker” too much when I speak. For her benefit — I = know she’s listening — I will try and refrain from using it, so thank you.
Listening to the deliberations in t= he House today, perhaps a general theme here today is that this act provides greater= clarity. This Bill No. 51, Residential Landlord and Tenant Act, is a welcome thing. It has been a long time coming and I’m very proud to support i= t.
It’s good to see that the act stipulates who it does and who it does not apply to. Having exclusions for a living accommodation that is included in a single contract with a business lease or living with a single contract with a business lease or living accommodations owned or operated by an educational institution or a living accommodation that is provided by an emergency shelter, transitional housing — again, this provides greater clarity to both the individual seeking= the accommodation and the individual providing the accommodation.
Other areas that I’m pleased =
to see
prescribed in the act for greater clarity are rules about payment and
non-payment of rent and things like the protection of a tenant’s righ=
ts
to quiet enjoyment of property. I’d like to speak a little bit to my
fellow colleague, the MLA for
I like what’s coming forward,=
because
it really does protect the tenant’s right to the quiet enjoyment of
property, and it’s important also for the landlords. He can keep his
investments and keep making money, but the tenant also has to enjoy reasona=
ble
privacy and freedom from unreasonable disturbances, which you especially se=
e in
apartments.
Something else that plays into this= is that we passed amendments to the Land Titles Office this spring, which will make= it easier for developers to bring multi-unit complexes to market. We’re committed to our Yukon Party platform to modernize the land titles process,= and we’re well underway in addressing that commitment.
We look through our Yukon Party pla= tform — I did not too long ago — and I looked at the accomplishments. They are very incredible. For a new government, with one year under our belt, Yukone= rs should be very proud of this government. Working with members opposite, we = have accomplished a lot. During the campaign, a lot of things were brought up, a= nd I believe this government is doing well for Yukoners.
Back to the landlord and tenancy = 8212; the fact that at the present time a tenant may terminate a tenancy at any t= ime, for any reason that they do not need to share with the landlord, as long as= it complies with the prescribed period of notice in the tenancy agreement or, = by default, the Landlord and Tenant Act — the government has taken the sensible approach, hereby enforcing a notice period of tenancy terminat= ion, but does not prescribe any requirements for either party to the tenancy agreement to provide reasons.
One of the things I do see as a bit=
of a
flaw with the logic behind the members opposite needing special protection
against eviction — but there is not much in there to offer landlords =
the
same protection. So I agree with my colleague down the way here about that.=
I like the fact that we have gone f=
orward
and that the Minister of Community Services and her staff have worked very =
diligently
at coming forward with this. As you know, housing is an issue across
So, again, I’ll thank all mem= bers for speaking today, but I agree that I don’t see a necessity for amendmen= ts to this, and I believe Bill No. 51 should go forward as is.
Hon.
Mr. Cathers: In rising today in support of Bill =
No.
51, I appreciate comments from members on this. In beginning my remarks, I
would want to note that there are a lot of elements to the overall housing
picture. The legislation around rentals is obviously a very important part =
of
that, but all parts of the housing and building market are connected, so a =
shortage
of available houses or homes that are affordable to people in the sales mar=
ket
has an impact on the rental market. Also as a number of my colleagues have
noted, those who encourage rent controls or other restrictions on rental
accommodation are not being mindful of the fact that, when we have a situat=
ion
as we do currently where there is a bit of a shortage of rental accommodati=
on,
putting in additional restrictions and additional requirements that place e=
xtra
costs or burdens on those who may choose to build rental accommodation is n=
ot a
good way to actually encourage people to make those investments. Rent contr=
ols
have been shown in many jurisdictions around the world, including here in <=
/span>
The whole nature of the housing mar= ket has evolved over time. At one point in time, it was probably not as common as i= t is currently to see people who are into it in a small way where they may have a garden suite or a building. It’s important that when one looks at situations, for example, someone who may choose a basement apartment or att= ic suite or other housing that is attached to their building — that doin= g as the NDP have called for and making it harder for them to choose to end the tenancy of someone who is in there is something that may actively discourage them from choosing to make that available for rental. I think it’s fa= ir to say that it will discourage some people from choosing to make that choic= e to enter the rental market if they are concerned that if they have a problem, = it may be hard or costly for them to demonstrate and get the government’s permission to end the tenancy of a problem tenant.
Another example of where those call=
ing for
preventing people from choosing to end a tenancy without cause are really n=
ot
thinking things through and thinking of the overall effects of such an
ideologically attractive policy — and by that I mean ideologically
attractive to our NDP friends — is where someone buys a building that
they themselves wish to live in and someone is currently renting it. If the=
person
owns a building and happens to sell it to a person who, themselves, are
actually looking for a place to live, it may end up affecting and reducing =
the
availability of affordable housing stock for those wishing to purchase a ho=
me.
Also, there is the case of someone who, again using a small-scale example,
might have a rental basement suite in their house and have a child that bec=
ame
of age. One of my colleagues pointed out the example of his child who was e=
ager
to get away from home. There may be other examples where a son or daughter =
is
eager to move to over the garage or down into the basement and have a little
more privacy while still living at home. The parents might choose to provid=
e their
child with that increased independence and perhaps, as many families do, gi=
ve
them a break on the rent.
By government getting in and placin=
g a lot
of restrictions and having government always be the decider of whether
it’s permissible for someone to allow their child to move into an
apartment that previously has been occupied by a tenant — those types=
of
things have all sorts of unintended consequences, which ultimately reduce t=
he
freedom of citizens to make choices. So it’s important to put in plac=
e a
balanced structure, with appropriate protections, that ensures people are n=
ot
going to be pushed out on to the street without warning — that
they’ll be given reasonable amounts of time and reasonable amounts of
notice if a landlord chooses to end a tenancy agreement. In contrast to what
one of the NDP members suggested, it should not be a requirement for a tena=
nt
to have to give a reason to move and get permission from government to do s=
o.
If a tenant wishes to move across the street or to a different apartment in=
the
building, or to a different community, or whatever the case may be, having
government place restrictions on the freedom of individuals to make choices=
may
come from well-intentioned, ideological beliefs that if government steps in=
and
becomes the decider in those cases that they can somehow prevent wrongs from
being done to people with this increased government scrutiny and control.
But the reverse is also true —=
; that
by government placing high restrictions on people’s choices — b=
oth
landlords and tenants — it can have unintended consequences that have=
not
been thought through, and that leaves people in the situation where they are
deprived of the freedom to make choices once they are in the rental market,
either as a landlord or a tenant or, in the case of somebody contemplating =
building
a building to rent or renting out an accommodation, particularly in their h=
ouse
or on their property where they might come to a conclusion that their abili=
ty
to end the situation — if they didn’t like it — would be
diminished. That could also include somebody who isn’t sure that
they’re really prepared to deal with the responsibilities of being a
landlord around repairing appliances and being responsible if there is a
problem with utilities and so on and so forth.
Finding that it really doesn’= t work for them or they are reaching retirement and now choose to spend a portion = of their winters in southern Canada — just to list a few potential situa= tions — all these types of things can have the unintended consequence of di= scouraging people to enter the rental market at the very time when we should be encouraging people to build more rental accommodation.
Another factor is that the Yukon ho=
using
market is not identical to what is happening in other areas nationally, but=
it
is notable that the Royal Bank has today in a Canadian Press story n=
oted
that the cost of home ownership became more affordable in the recent quarter
due to a modest decline in home prices and gains in Canadian household inco=
me.
Another notable factor is that, comparing 2012 to the previous year in the =
We believe that this legislation is written in much more plain
language and it does things, including requiring tenancy agreements. ItR=
17;s
also important in the tenancy agreement structure that while there’s a
standard tenancy agreement required that speaks to things, including
requirements for services within the house, it has also been recognized wit=
hin
the legislation that, unless it is agreed to otherwise — because there
are people within areas around the Yukon, especially within rural Yukon and
within my riding — who rent a cabin to someone, or rent several cabin=
s,
in the case of a few landlords in my riding. Cabins are made available R=
12;
they are not serviced with electricity or running water. The tenants who ch=
oose
to rent them do so knowing that they do not have running water or electrici=
ty.
Of course part of the reason that t= hey choose to rent that accommodation is that it is typically cheaper than buildings in town that are serviced. Also for many people who move toward t= hat type of accommodation, they may personally wish to go toward a simpler type= of accommodation and, with it, also be out in an area that is more remote and = has more wilderness and green space around it.
It’s important that in settin= g clear guidelines and a structure that allows for an improved relationship between= landlords and tenants and improved clarity in the act and a good balance between the rights of landlords and tenants, that we also not deprive Yukon citizens of choices to live in a cabin in the bush and rent it from someone and not have running water, by putting in something that is geared only to a Whitehorse market. So again, this legislation has addressed that.
As I mentioned previously, the fact= that also needs to be recognized, particularly when it comes to the NDP’s proposal that they intend to propose amendments to this legislation is that= we think it’s important to not only ensure that this is balanced legisla= tion, rather than legislation simply slanted toward the tenants, but that we actu= ally look at something that understands the effects of things like rent control = and understands that by making it harder for people to make choices around their buildings, you actually actively discourage people from building rental accommodation and that by adding additional burdens, additional costs or ad= ditional elements of state control that is not a good way to encourage people to bui= ld new rental accommodation, which is one of the things that we believe is necessary to focus on. As members know, we have looked at, and are currently looking at, a number of potential ways to encourage people to build rental accommodation and encourage them to keep it for that purpose.
Another element that I’d like=
to
touch on with that is that if it’s too hard to evict a tenant, landlo=
rds
will be more reluctant to rent to someone who doesn’t have good
references, and so that, in my opinion, would disadvantage young Yukoners or
people who have moved to the territory recently, because if they don’t
have a good list of references, and if a landlord looks at them says,
“Well, if I rent to you and you’re problematic, but you
haven’t quite contravened one of the requirements under the act, or I
can’t prove to the satisfaction of a government agency that you have =
done
so, I don’t have any ability to deal with the problem.”
Again, that can have the unintended
consequence of making it hard for some people to even find accommodation. A=
nother
group who would be disadvantaged by such a restriction or people who have p=
ast
substance abuse problems and not been good tenants or people — and I
would think that again it might be young Yukoners, especially — who h=
ave
made a mistake in the past and perhaps as a 19-year-old out on their own fo=
r the
first time had a wild party and did significant damage to a building. They =
may
find it very difficult to convince a landlord to give them a chance, even
though they have a bad previous reference.
I think I have addressed that point significantly, but I think it is important to keep in mind that things that= may appeal to someone’s ideology — in this case the NDP’s des= ire to have government step into every area of people’s lives so that they can provide greater control if someone does something wrong, or so it appea= rs to us at times. I would point out that the NDP has called for, I think, in excess of 35 new pieces of legislation and regulations. From our perspectiv= e it seems that their idea of a solution to everything is more regulation, more regulation, and more regulation. We believe that government needs to regula= te certain things and that government, in some areas, certainly needs to have clear and effective regulation, but that we should not go to the point of reducing freedoms of Yukoners and the freedoms that Yukoners and other Canadians have fought for over the years — to have freedom of choice — and go to a more state-run model like some countries around the wor= ld.
A few other things I’d like t=
o note
are, as the minister responsible for housing noted, the
We have built more social housing t= han any previous government. There has been a dramatic increase in the social housi= ng stock — if memory serves, in excess of a 40-percent increase in the a= vailability of social housing. The minister responsible for the Yukon Housing Corporati= on has even been commended by a federal New Democrat MP who wrote to him stati= ng: “You have shown great leadership in the area of housing. In the last = few years, your territory has implemented many initiatives to help combat probl= ems in the housing sector. Like you, the NDP believes that housing issues are a priority.”
As the minister responsible for the= Yukon Housing Corporation noted in his response: “Our approach has been one= of open discussion and understanding with both the Government of Canada and our provincial and territorial colleagues. Through this approach, we’ve b= een able to secure and utilize funding programs to address the housing needs of Yukoners. The Government of Yukon will continue to take a proactive approach based on dialogue and open communication.”
One thing that my colleague, the Mi=
nister
of Yukon Housing Corporation, missed mentioning in his letter and I apologi=
ze
if he mentioned it in his remarks — I missed hearing him say it ̵=
2;
is the fact that of the northern housing money that we had received from the
federal government, we transferred millions of dollars — tens of mill=
ions
of dollars — to Yukon First Nations in sharing with them to help them
address the needs of their citizens.
So we have taken a number of steps = here. We will continue to do more. It should be noted that the NDP seemed to have a = bit of a shifting position on this legislation with one of the members noting p= ublicly on November 9 that people are really happy that there’s something mov= ing forward with this, and that the NDP member called the new Residential Landlord and Tenant Act “110 percent better= 8221; than the current legislation dating back to the 1950s. We also appreciate t= hat another of her colleagues noted that, at their own meeting they held, the p= eople in attendance — tenants and landlords, including representatives of F= irst Nation housing departments — said there are many good things in the a= ct. We agree. It’s a major improvement over the current act.
I appreciate the comments we’= ve received. I believe this is good legislation and I commend it to the House. Seeing the time, I move that debate do now adjourn.
Speaker: It has been moved by the Government House Leader that debate = do now adjourn.
Motion
to adjourn debate on second reading of Bill No. 51 agreed to
Speaker: Given the time, this House stands adjourned until Monday at <=
/span>
The House adjourned at =
i>
The =
following
document was filed November 22, 2012:
33-1-31=
Yukon H= ousing Corporation Draft Strategic Plan 2013-2018: Stakeholders presentation (dated November 22-23, 2012) (Kent)<= o:p>
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